View Poll Results: Can the President veto or repeal a law?

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16. You may not vote on this poll
  • Yes, he can!

    7 43.75%
  • No, only Congress has these enumerated powers

    9 56.25%
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Thread: Can the President veto or repeal a law?

  1. #31
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Zyphlin View Post
    By this reasoning, similarly, a Republican administration finding that the healthcare law is an unconstitutional law could refuse to do any sort of enforcement to states that are not complying with the measure or other sort of actions that require federal enforcement...right?
    Yes.

    And a member of Congress, or perhaps someone else, could sue that administration to require enforcement.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    The Constitution is silent on who determines constitutionality,
    Really?

    So didn't you just say the courts have that power? Where does it come from?

    but saying the President can -- let alone must -- refuse to enforce anything he says is unconstitutional is a recipe for willy-nilly pandemonium. No one setting up a government would ever envision that.
    And yet that's how it already works. And it works pretty well.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  3. #33
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Yes.

    And a member of Congress, or perhaps someone else, could sue that administration to require enforcement.
    Please link proof to your assertion that a member of Congress or someone else can sue the POTUS to require enforcement.
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  4. #34
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Objective Voice View Post
    I ask this question because Mitt Romney and other Republican presidential hopefuls have been going around on the campaign trail declaring that they will repeal "ObamaCare" the first day they're in office. But is a repeal or veto of a setting law a presidential enumerated power under the Constitution?

    I think most people would agree, the answer is "NO". Still, I'd like to hear what the readers think.
    I have not seen (and could not find) where Romney or Gingrich... or anyone else for that matter said that they would unilatterally repeal Obamacare on Day 1. If you can find it I'd love to see it. What I found was this:

    Gingrich on Inauguration Day: Repeal Obamacare, Sarbanes-Oxley, Dodd-Frank - Ken Walsh's Washington (usnews.com)

    What Gingrich said here was that conservatives should concentrate on the taking congressional seats away from the Democrats in November, and that the new GOP majority should draft and pass the bill prior to Inauguration Day and have it ready for him to sign just as soon as he was sworn in.

    I also saw where Romney said he would issue waivers to the 50 states on the first day... again, could not find where he claimed he would unilatterally repeal it.

    However, while we are talking about the Executive Branch repealing laws, how about discussion on the Executive Branch unilatterally MAKING laws in the absence of congressional approval and CHANGING laws already passed by Congress, which is almost the same thing as repeal, right?

    Regulatory: President Obama shifts to unilateral executive action

    President Obama on Ensuring Fair Pay for In-Home Care Workers | The White House

    Just a couple of examples of how the current President has bypassed Congress to make and to change laws.

  5. #35
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    Re: Can the President veto or repeal a law?

    http://www.justice.gov/olc/nonexcut.htm

    Discusses the issue of the president's power to ignore laws he finds unconstitutional, including court decisions supporting this power.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by MaggieD View Post
    Please link proof to your assertion that a member of Congress or someone else can sue the POTUS to require enforcement.
    Writ of mandamus.
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by MaggieD View Post
    Please link proof to your assertion that a member of Congress or someone else can sue the POTUS to require enforcement.
    A decent article about it:

    Can you sue the president? Kucinich just did. - Slate Magazine
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Really?

    So didn't you just say the courts have that power? Where does it come from?
    Oddly, I did not.

    And saying it's "silent" on who determines constitutionality does not imply that no one gets to.


    And yet that's how it already works. And it works pretty well.
    Define "works," and "pretty well."

    And it's still beside the point, because it's just an excuse you chose to bring up in order to deflect from a bona-fide instance of where Obama selectively enforced the law, so it's all a red herring anyway.
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  9. #39
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    Writ of mandamus.
    Which was the issue in Marbury v. Madison - which not only established judicial review, but also, remember, ruled that the executive branch need not follow a law it also believed was unconstitutional!
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  10. #40
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    Oddly, I did not.

    And saying it's "silent" on who determines constitutionality does not imply that no one gets to.
    True.

    So who does?

    And it's still beside the point, because it's just an excuse you chose to bring up in order to deflect from a bona-fide instance of where Obama selectively enforced the law, so it's all a red herring anyway.
    Then don't discuss it.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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