Cruz points out instances where Obama has disagreed with federal laws, in which he orders executive departments to cease enforcement: immigration law, welfare law, drug laws and DoMA. Yet, when things aren't going his way, or when he or his party are politically inconvenienced, he abuses the executive powers in the same manner by postponing and waiving...WSJ: Of all the troubling aspects of the Obama presidency, none is more dangerous than the president's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. On Monday, Mr. Obama acted unilaterally to raise the minimum wage paid by federal contracts, the first of many executive actions the White House promised would be a theme of his State of the Union address Tuesday night.
The president's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too.
Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled by laws, not men. That no one—and especially not the president—is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed."
Yet rather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying and waiving portions of the laws he is charged to enforce.
After strolling through the laundry list of illegal executive actions taken on behalf of that singularly disastrous Leviathan of unconstitutional lawlessness, Cruz explains to Americans of all stripes how Barack Obama is fundamentally transforming the office of the presidency into something never meant for this nation...On many of those policy issues, reasonable minds can disagree. Mr. Obama may be right that some of those laws should be changed. But the typical way to voice that policy disagreement, for the preceding 43 presidents, has been to work with Congress to change the law. If the president cannot persuade Congress, then the next step is to take the case to the American people. As President Reagan put it: "If you can't make them see the light, make them feel the heat" of electoral accountability.
President Obama has a different approach. As he said recently, describing his executive powers: "I've got a pen, and I've got a phone." Under the Constitution, that is not the way federal law is supposed to work.
The Obama administration has been so brazen in its attempts to expand federal power that the Supreme Court has unanimously rejected the Justice Department's efforts to expand federal power nine times since January 2012.
There is no example of lawlessness more egregious than the enforcement—or nonenforcement—of the president's signature policy, the Affordable Care Act. Mr. Obama has repeatedly declared that "it's the law of the land." Yet he has repeatedly violated ObamaCare's statutory text.
...and therein lies the danger from within.In the past, when Republican presidents abused their power, many Republicans—and the press—rightly called them to account. Today many in Congress—and the press—have chosen to give President Obama a pass on his pattern of lawlessness, perhaps letting partisan loyalty to the man supersede their fidelity to the law.
But this should not be a partisan issue. In time, the country will have another president from another party. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore the law, or unilaterally change the law? Imagine a future president setting aside environmental laws, or tax laws, or labor laws, or tort laws with which he or she disagreed.
That would be wrong—and it is the Obama precedent that is opening the door for future lawlessness. As Montesquieu knew, an imperial presidency threatens the liberty of every citizen. Because when a president can pick and choose which laws to follow and which to ignore, he is no longer a president.
Related link: Obama To Act ‘Wherever And Whenever’ He Can ‘Without Legislation’
