In January 2014, when NFL playoffs begin, and college football's Bowl Championship Series culminates in the national championship game, referees will enforce only those rules they decide they like. If they don't like holding, they won't call it. Pass interference won't be called if referees decide they don't like the rule.
Hard to believe? A similar precedent has already been set by both the president and the Pennsylvania attorney general.
President Obama says he has "enforcement discretion" to delay for one year the part of the federal healthcare law requiring all plans to meet stringent standards of coverage. He said he would "allow" state insurance commissioners to make the final determination in the proposed delay.
Article II of the U.S. Constitution empowers the president to veto or sign into law legislation passed by Congress. The president is then vested with certain powers to execute those laws through rules, regulations and executive orders.
However, Article I, Section 1 gives Congress the power to make laws: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
The president simply does not have the power, authority or responsibility to make law.
Meanwhile, Pennsylvania Attorney General Kathleen Kane recently announced she would not defend the state's gay marriage ban: "I cannot ethically defend the constitutionality of [a law] I believe it to be wholly unconstitutional," she said.
Article IV, Section 4 of the Pennsylvania Constitution establishes the office of Attorney General. Nowhere in the section, or in any other part of the Constitution, will you find the power to interpret laws given to the Attorney General. Rather, the Constitution declares the Attorney General "... shall be the chief law officer of the Commonwealth and shall exercise such powers and perform such duties as may be imposed by law."
Article II, Section 1 of the U.S. Constitution establishes the oath of office to be taken by the president: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."
Article VI, Section 3 of the state Constitution establishes the oath of office for all the commonwealth's public officers: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."
Is either elected official fulfilling their oath of office or choosing to enforce only those rules they decide they like?
STATE SEN. MIKE FOLMER
R-Senate District 48