[evassar92]

Hello Professors,

I had a quick question regarding the President when it comes to enforcing Supreme Court decisions. Is the president required to enforce a law or ruling deemed constitutional by the Supreme Court or can he refuse to do so? My example would be the case of Worcester v. Georgia, when John Marshall made his ruling but Jackson refused to enforce it. I guess the same question could be asked with regards to the Congress as well. So, for example, if Congress passes a law confiscating all fire arms of the American people, and is subsequently upheld by the SCOTUS, could the President refuse to enforce that as well? Thank you for any responses!

Evan

[Brion McClanahan]

Yes, absolutely. The president takes an oath to defend the Constitution. Obviously, under your scenario such a law is unconstitutional so the president would be duty bound NOT to enforce it. Of course, I am assuming the president in your situation did not sign the law confiscating all firearms.

[evassar92]

Your assumption was correct, and thank you for the response! If only I could have taken classes at the universities you all teach at.

Evan

[gutzmank]

This of course happens all the time, as presently in connection with both the marijuana laws and the immigration laws.

[Author]

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