PetrChelcicky wrote: ↑Thu Jun 17, 2021 4:40 pm
Ken's idea that presidents have to "uphold the constitution" implies an inexactitude which endangers democracy in general.
It is correct insofar members of the executive have to uphold legislation-as-it-is.
It is incorrect insofar members of the executive have some leeway in "interpreting" the legislation if it is not obvious.
It is perhaps incorrect when a member of the executive has reasonable doubts that the legislation will stand juridical scrutiny (i.e that it is compatible with more fundamental parts of the constitution).
And it is definitely incorrect w.r.t the more general activities of a politician and party member; even if they have a position within the executive they keep their right to promote a change of legislation. For example, a president may in his inaugurial speech tell that he does not agree to a particular law and wants to work for its abolishment.
With other words, there is no way to "secure" a law, even a beloved law, against opposition and democratic changes (besides simply abolishing democracy).
In our system of government, the Constitution is primarily interpreted by the Supreme Court.
If you have a president who refuses to comply with Supreme Court decisions on any issue (religious rights, first amendment rights, gun rights, etc. etc.) then you no longer have a constitutional democracy. You have a dictatorship and you have essentially overthrown our system of balance of powers and three branches of government.
Set abortion aside and use another example.
If the President chose to jail his opponents in violation of the 6th and 14th Amendments and ignored Supreme Court rulings to the contrary then we would have a dictatorship.
If the President chose to order the military or FBI to seize all weapons in a particular city or state in violation of the 2nd Amendment and ignored Supreme Court rulings to the contrary then we would have a dictatorship.
And if the President chose to wield the powers of the federal government to outlaw legal abortion or gay marriage in defiance of Supreme Court rulings to the contrary then we also have a dictatorship.
In all three cases he would be violating his oath of office and should be subject to impeachment and removal.