> He isn't declaring it unconstitutional. He is declaring it indefensible which is well > within his powers. DOMA still stands as law.
Exactly.
The Legislative Branch (Congress) makes the laws. The Executive Branch (Barry) enforces the laws. The Judicial Branch (Courts) interpret, review, apply, and/or strike down laws in whole or in part if necessary.
The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as Checks and Balances.
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