An opportunity to move back toward reinstituting the protections of economic freedoms (and away from the unbridled deference paid to police power legislation) has presented itself in the Great State of Louisiana.
Official, governing opinions of the Office of Legal Counsel of the U.S. Justice Department state that the President has the power to decline to enforce laws he believes are unconstitutional. “But these opinions have always insisted that the President has no authority…to ‘refuse to enforce a statute he opposes for policy reasons.’”
Why should unduly burdensome regulations that place obstacles in the path of those looking to exercise one right be struck down while equally burdensome regulations that infringe on another right are upheld?
If the demonization of the enforcement of intellectual property rights were to catch on, the brightest among us would be significantly less likely to invent in every case where the benefits of expending the effort do not overwhelmingly outweigh the costs.
Anything the Congress does still must be constitutional. As the Court reiterated yesterday, the Voting Rights Act “imposes current burdens and must be justified by current needs” and that “a departure from the fundamental principle of equal sovereignty requires a showing that a statute’s disparate geographic coverage is sufficiently related to the problem that it targets.”
Suffice it to say that – four decades after Watergate – nothing much has changed when it comes to the abuse of Executive Branch power, and the famous dictum of Lord Acton remains true: power tends to corrupt and absolute power corrupts absolutely.
The likelihood an innocent person will be injured or killed with a so-called ‘assault weapon’ is slim by any standard – let alone the standard that should be met before interfering with the freedoms of American citizens.
In what is perhaps the heyday of government overreach, the Constitution is still fighting for us, serving one of its most important purposes – protecting the liberty of the few against the tyranny of the many.
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