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Protecting and Defending the Rule of Law in DOMA

Floor Speech

Location: Washington, DC

Mr. FLEMING. Mr. Speaker, what happened to the rule of law?

Last week, the U.S. Justice Department announced that President Obama would stop defending the Defense of Marriage Act. I remind you that the President took an oath to protect and defend the Constitution.

The Defense of Marriage Act became law in September 1996 to solidify traditional marriage within Federal law. The President now abandons the defense of this law, claiming that no reasonable argument can be made to demonstrate that the law is constitutional--a position many legal scholars have ridiculed while pointing to a wealth of legal authority, including to relevant Federal case law.

So it appears that, not only is the President substituting his power and judgment for that of the Congress when it comes to a number of bold administrative measures to write law from the Oval Office, but he is now substituting his power and judgment for that of the Supreme Court. It appears to me that President Obama sees no need for the other two branches of the Federal Government.

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