OBAMA JUSTICE DEPARTMENT: We'll enforce DOMA (the Defense of Marriage Act) but not defend it because we think it's unconstitutional. Uh, hold on there. Isn't an act, passed by Congress and signed by the President, presumed to be constitutional unless the Supreme Court decides otherwise?

Or can our next President just declare ObamaCare to be unconstitutional and just refuse to defend/enforce it?

Instapundit comments: "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."