While in Iowa—magical swing state of the Straw Polls—GOP Presidential Candidate Herman Cain recently called Obama’s decision not to defend the Defense of Marriage Act “a breach of his oath” and “an impeachable offense” adding that “it would be a great thing” if the Senate went ahead and impeached Obama. Yeah, um. Someone might wanna tell Mr. Cain that he has no idea what he’s talking about.
First, only the House of Representatives can impeach a President, not the Senate— the Senate merely tries actual impeachment cases. Second, since the Presidential Oath promises to defend the constitution (and DOMA isn’t in the constitution), Obama hasn’t breached his oath. And third, previous presidents have refused to defend unconstitutional laws in the past and none of them have been considered for impeachment.
“It would be a great thing” if GOP Presidential candidates understood how the three branches of government work.