Obama Exercises His Right of Nullification

According to this Washington Post article, Obama and Holder intend to nullify the Defense of Marriage Act.

In an extraordinary change, Attorney General Eric H. Holder Jr. said Wednesday that he and President Obama had determined – after an extensive review – that the law’s key section is unconstitutional. “Given that conclusion, the President has instructed the Department not to defend the statute” in court, Holder said in a statement.

The word nullification is not used but that is exactly what Obama and Holder have done.  Put aside for the moment whether or not you favor or don’t favor the Defense of Marriage Act. Obama and Holder have both the right and the obligation to nullify a law if they determine that the law is not constitutional. States have exactly the same right and obligation ( see my earlier post on nullification). This I think this is a good precedent. 

7 thoughts on “Obama Exercises His Right of Nullification

  1. This is simply shameful. What message does this send? It sends the message that the United States is no longer about the rule of law. I guess we can all start picking and choosing the laws we want to follow.

    1. I understand the emotion you are feeling about this particular law. But if the concept of nullification is correct, and I believe it is, then a law passed that is not within the enumerated powers should be nullified and then the states can determine for themselves if they want a similar law or not. John, you and I have both written post supporting nullification. Now, perhaps unwittingly, Obama is using the right of nullification. How can he then object when the states use their same right of nullification say on Obamacare or Roe vs. Wade? This is the point I¡m trying to make.

  2. John Carey is exactly right, this is the advancement of the homo agenda by cowardly stealth.

    The other thing is that with all the problems facing your country and the rest of the world, this is what’s on their priority list.

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