Comment Re:They should use Firefox while *mocking* Eich (Score 1) 1482
So when the executive (or the DoJ) mounts a 'weak' defense, thus ensuring that the courts will rule against the law?
There's plenty of ways around absolute declarations like you're suggesting.
I'm not saying you're wrong in itself, just that there are far too many angles and ways around any sort of absolute position that the executive *must* do something.
In the case of California (or more recently, Virginia), when there is a major shift in the controlling party, it gets even more complicated. The referendum in VA was passed in 2006 under Republican leadership. The defense of the law became (in 2013) the responsibility of the new Democratic party Governor and the Democratic party Attorney General. What then is the responsibility of those officers to defend a law they never supported in the first place, particularly when they were elected on a platform encouraging equality?
The responsibility to defend (or not) a law may be the role of the executive, but at the same time, the executive, as a representative of the people, must act per the fact that they were, in fact, elected by the majority of the people. As such, their decisions not to enforce, or more accurately not to aggressively defend, a law they believe to be Unconstitutional is a reflection of the faith in their office given to them by the majority that elected them.
If they do a poor job of it, they can just as easily be kicked out 4-6 years later in the next election.
That said, it would certainly have been easier on everybody if such blatantly Unconstitutional referendums weren't so easily passed by the states in the first place. A constitution, even a state-level one, shouldn't be so easily amended by a simple majority of whomever decides to vote one particular day. The U.S. Constitution is a pain to amend *because* it is meant to be immune to fly-by-night sentiments (prohibition being the one oddball exception to its history).