People are puzzled by President Obama’s decision not to continue enforcing the Defense of Marriage Act even though he has determined it is unconstitutional. As Glenn Reynolds puts it, “Yes, you take an oath to enforce the Constitution. This may give the President the authority to enforce the Constitution as he sees it, but it surely doesn’t give the President the authority to choose not to enforce the Constitution as he sees it.”
So what is Obama doing? I’m certain that any answer that doesn’t center on political considerations is well off the mark.
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