Comment Re:The emperor has no clothes (Score 1) 526
It's only relatively recently that congress has decided that they need to be in the role of executive or judical. Ie creating minimum sentencing guidelines because they felt judges were too lenient (never mind that the real reason was to get votes). Historically congress was limited to creating laws, but not enforcing or adjudicating them.
Now certainly congress and the people retain the power to sue the executive branch if laws are selectively enforced for the benefit of friends or other malfeasance.
(Personally I don't find a problem with this particular issue. However for the issue of same sex marriage in California with the Supreme Court, I do find it to be a lot murkier. I think it's presumably ok for the California government to not bother putting up a defense of the law in court, but given the nature of California that the proposition 8 supporters should have been granted legal standing (after all the voters created the law and are essentially a 4th branch of government with power equal or greater than legislative). Then when it did go back to state court it would have been overturned anyway. Ie, prop 8 overturned on principle rather than some odd loophole.)