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Turning Attorneys General Into Judges (National Radio Commentary: Salem / Townhall.com) March 10, 2014

Posted by daviddavenport in Op/Eds, Radio Commentaries.

U.S. Attorney General Eric Holder must have been feeling his oats when he recently told state attorneys general that they should exercise their own judgment on which laws to enforce. In particular Holder was speaking about same-sex marriage, ignoring the fact that the Supreme Court has not found a constitutional right to same-sex marriage, leaving the matter up to state legislatures and ballot propositions instead.

But a state attorney general is neither a legislator nor a judge. The attorney general is a law enforcement officer and a prosecutor. It is not their place to decide which laws should or should not be enforced but rather to enforce and defend laws enacted by the democratic process.

Holder’s shocking advice is part of the excess of executive power in the Obama administration. Under the Constitution, legislatures enact laws, judges rule on their legality, but the executive branch executes and enforces the law. An attorney general has no power to unilaterally veto a bill or declare it unconstitutional.

Link to Townhall.com audio: http://townhall.com/talkradio/dailycommentary/698318

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