Gingrich is nuts. Not only can a president’s justice department decide not to defend a statute in court, they could choose to OPPOSE a statute in court, if they believed it was unconstitutional.
We're talking about upholding the constitution as it is NOW and not how one believes it should be. I don't think Bush could have legally ignored the law and jailed women who have had an abortion simply because he thought it should be illegal.
According to you, Obama could also refuse to defend this nation's borders, ban guns and even refuse to thwart an attack against the USA if he decided that to do so was in his own mind unconstitutional? So, if Clinton lied under oath as President... as long as he had the opinion that it's ok then he did nothing wrong. Right?
So, why have a constitution?