Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Apr 5, 2026 8:56 AM

In today’s Wall Street Journal, Senator Ted Cruz (R.- Texas) discusses the presidency of Barack Obama, on the heels of the president’s State of the Union address last night. Cruz takes the current president to task on a simple theme: the rule of law.

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.

The rule of law is so deeply engrained in Western civilization that we hardly notice it. Over 800 years ago, the rule of law was formally recognized in the Magna Carta, with the revolutionary idea that law could prevail over the will of a king. The Founding Fathers of the United States (knowing full well the tyranny of a king) recognized that a suitable government is one of “laws, not men,” as John Adams said.

And it is this disregard for the rule of law on the part of Obama that Cruz finds deeply problematic. The president has openly declared he has no reason nor willingness to follow the law of the land when it impinges upon his will:

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.

The law says that businesses with 50 or more full-time employees will face the employer mandate on Jan. 1, 2014. President Obama changed that, granting a one-year waiver to employers. How did he do so? Not by going to Congress to change the text of the law, but through a blog post by an assistant secretary at Treasury announcing the change.

No one at Rummymede or in in the Assembly Room of the Pennsylvania State House could possibly have imagined law by blog post – yet here we are. Cruz rightly points out that this type of disregard for the rule of law (which destroys munities, nations) is not a partisan issue. It is, as a matter of fact, the very essence of our nation and our governance. Cruz ends his discussion with a scathing indictment:

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.

Read “Ted Cruz: The Imperial Presidency of Barack Obama” at The Wall Street Journal.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Top 10 PowerBlog Posts for 2012
As we close out the year, we want to thank our PowerBlog readers for reading and contributing to our blog. If you’re a new reader we encourage you to catch up by checking out our top 10 most popular posts for 2012: 1. What’s Next in the Fight Against the HHS Mandate Elise Hilton Kyle Duncan, general counsel for The Becket Fund for Religious Liberty, gives us a glimpse of what is ahead in the fight for religious liberty regarding...
Acton’s Most Tweetable Moments: 2012
Acton’s Twitter followers are at an all-time high, and we’re gaining about 45 new followers every month. Here’s a look back at our 10 Most Tweetable Moments of 2012: Acton Commentary: The LBJ Curse on the Black Vote How to explain the entitlement crisis to an 8 year old The FRC Shooting & the vocation of a hero The Israelites of the Hebrew Bible never quite figured out how best to arrange human political affairs Internships for 2012 Christian schools...
Changing the Culture of a City
Julius Medenblik, the president of Calvin Theological Seminary, passes along an anecdote from Michael Lewis’ new book, Boomerang: Travels in the New World. Read the whole selection for the entire context. It is worth it. But I wanted to highlight the upshot in particular, the answer to the question, “How do you change the culture of an entire city?” The answer? “First of all we look internally.” You change the culture by starting with yourself, from the ground up. You...
Unemployment and Despair in the UK
The BBC News reports that 1 out of 10 young people between the ages of 16 and 25 are struggling to cope with life. The main culprit: despair related to unemployment. The survey of 2,000 teens and young adults was conducted by The Prince’s Trust Youth Index. The mentators seem surprised that education and training opportunities alone are not enough to provide hope for unemployed young people. Young people rightly want to know why they are training for jobs that...
New on AU Online: Marketplace Theology
What is the role of the marketplace in the Kingdom of God and in the redemptive process of God’s mission? Join David Doty, Founder and Executive Director of Eden’s Bridge, for an AU Online lecture series to discuss those questions. The Building a Marketplace Theology course is scheduled to begin Tuesday, January 22, 2013 at 6:00pm EST. David Doty will lead a discussion based largely on the book, Eden’s Bridge: The Marketplace in Creation and Mission, and material developed subsequent...
How to Develop a Christian Mind in Business School (Part II)
Note: This is the second in a series on developing a Christian mind in business school. You can find the intro and links to all previous posts here. Before we move on to how to think Christianly in business school, we should first discuss how to think Christianly about the decision to go (or not go) to b-school. For many Christians—particularly my fellow evangelicals—the concept of thinking Christianly about decision-making is reduced to a simply-stated yet deeply confused question: “Does...
In Defense of Starbucks: Setting Businesses Free to Be Culture Makers
In an effort to foster goodwill amid fiscal cliff negotiations, Starbucks aimed to send a message to Congress by instructing its D.C.-area employees to write “Come Together” on every cup of coffee sold. Critiques abound, with this post from Mickey Kaus grabbingmuchof the attention, asking, “Is Starbucks a cult?” From Kaus: “Room for smarm in your latte?”Isn’t there something creepy about Starbucks’ CEO Howard Schultz having [in Politico‘s words] “asked his Washington-area employees to write ‘Come Together’ on each customer...
African Economics Expert: “Please stop the Aid!”
In the German newsmagazine Spiegel, Kenyan economics expert James Shikwati says that foreign aid to Africa is doing more harm than good: SPIEGEL: Mr. Shikwati, the G8 summit at Gleneagles is about to beef up the development aid for Africa… Shikwati: … for God’s sake, please just stop. SPIEGEL: Stop? The industrialized nations of the West want to eliminate hunger and poverty. Shikwati: Such intentions have been damaging our continent for the past 40 years. If the industrial nations really...
New Pentecostal Primer: ‘Flourishing Churches and Communities’
Christian’s Library Press has released the third book in their Work & Economics series,Flourishing Churches and Communities: A Pentecostal Primer on Faith, Work, and Economics for Spirit-Empowered Discipleship by Charlie Self. Dr. Self isdirector of PhD studies in Bible and theology and associate professor of church history at Assemblies of God Theological Seminary in Springfield, Missouri. Previous books in the series wereFlourishing Faith by Chad Brand andHow God Makes the World A Better Place by David Wright. While Pentecostal Christianity...
Preview: R&L Interviews Angola Warden Burl Cain
In the next issue of Religion & Liberty, we are featuring an interview with Warden Burl Cain of the Louisiana State Penitentiary. In September of 2012, I made a trip down to Angola, La. to tour the prison and interview the warden. I authored mentary in October that touched on some of my experiences visiting the inmates and prison staff. Cain is the longest serving warden in the history of the penitentiary, a position he has held since 1995. The...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved