Friday, September 18, 2009

Sunstein: Obama, not courts, should interpret law 'Beliefs and commitments' of nation's leader should supersede judges

(Analyst's note: Are we seeing the pattern yet? Absolutely must read.)

By Aaron Klein

The interpretation of federal law should be made not by judges but by the beliefs and commitments of the U.S. president and those around him, according to President Obama's newly confirmed regulatory czar, Cass Sunstein. ....

.... This statement was the central thesis of Sunstein's 2006 Yale Law School paper, "Beyond Marbury: The Executive's Power to Say What the Law Is." The paper, in which he argues the president and his advisers should be the ones to interpret federal laws, was obtained and reviewed by WND.

Sunstein debated the precedent-setting 1803 case, Marbury v. Madison, which determined it is "emphatically the province and duty of the judicial department to say what the law is."

He lamented multiple recent examples of U.S. presidents interpreting law only to have their interpretations overturned by the Supreme Court. ....

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