Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Jan 27, 2026 8:59 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
Video: Rev. Sirico on Mammon and the cultural left
In The Daily Caller, Rev. Robert A. Sirico is interviewed by Ginni Thomas about a graphic in the March/April edition of the radical magazine Adbusters mocks people who throw off all moral restraint in the pursuit of wealth. Adbusters is an anti-capitalist magazine founded by Marxist Kalle Lasn and was instrumental in fueling the similarly anti-capitalist Occupy Wall Street movement. “You notice that they are precisely the ones who don’t tell us what personal responsibilities we have,” Rev. Sirico said....
Rev. Sirico talks to Human Events about ‘Defending the Free Market’
David Harsanyi of Human Events has shared a couple of videos of Rev. Robert Sirico discussing “Paul Ryan, Ayn Rand, Jane Fonda, Obamacare and the — sometimes unseen — morality of free markets.” He also touches on the core principles of his new book, Defending the Free Market: The Moral Case for a Free Economy. Part 1 Part 2 ...
Prof. Hunter Baker, 2011 Novak Award recipient, featured on Research on Religion podcast
Professor Hunter Baker recently appeared on the Research on Religion podcast to discuss, among other things, his latest book, The End of Secularism. Baker’s book, like much of the podcast’s discussion, centers on the treatment of religious matters within the public square. In doing so, the podcast covers a broad range of relevant topics and is worth a listen. Baker is an associate professor of political science and the associate dean of Arts & Sciences at Union University. In recognition...
Are There Rights We Can’t Give Away?
If inalienable rights are, as many people seem to believe, rights which the government cannot take away, does it follow that government can then take away rights that are alienable? As James Rogers explains, it is no less wrong for the government to take away an “alienable” right than it is for the government to take away an “inalienable” right. The difference between the two isn’t that one can be taken away while the other cannot but that an inalienable...
When is a Catholic College Not Catholic Enough for the Government?
What happens if a Catholic college doesn’t require students to attend Mass, doesn’t engage in “indoctrination” or “proselytizing”, and hires non-Catholic faculty? As John Garvey, president of the Catholic University of America, says, the government will likely determine the school is not “Catholic” enough for religious liberty protections: There is a pattern to these cases. The government has been eager to regulate the behavior of churches in ways more to its liking. It does this by defining religion down, so...
Women in the World On Call
Elizabeth Knox is passionate about supporting women in their faith and their work, especially when the two overlap. She regularly interacts with women on this topic through her Women of the World Bible study she began over two years ago. Her book also called Women in the World is due e out early 2013 Follow her blog to learn more about her passion for women in faith and work as well as the writing process. You can also follow her...
Get a Free Chapter of ‘Defending the Free Market’
Acton Institute has crafted a website for Rev. Robert Sirico’s new book, Defending the Free Market. With this you can give the web address to your friends for an easy-to-remember access point to the book. Other notable things about the site include: Free introduction chapter to Defending the Free Market.List of press mentions for the book from the Acton PowerBlogA video message from Rev. Robert Sirico What are you waiting for? Find out more about Defending the Free Market at...
Virtuous Capitalism and the Financial Crisis
The Acton Institute recently hosted a conference in California with David Bahnsen and the Center for Cultural Leadership. Conference audio is now available online via YouTube. You can learn more about the event here. Listen to Rev. Sirico’s talk, “Can We Be Free Without Economic Freedom,” below. Other speakers included: Dr. P. Andrew Sandlin on “The Theological Roots of the Financial Crisis“Mr. David L. Bahnsen on “What Caused the Financial Crisis: The Left AND Right Have It Wrong” (Part I...
Sirico: The Great Lie of Socialism
Socialism, despite its deficiencies, still has its fans. “Visit the philosophy and English departments on most college campuses, and you will still find intellectuals waxing eloquent on the glories of socialist theory. Students are still encouraged to imagine that it could work,” says Fr. Robert Sirico, in Crisis Magazine. However, Pope Benedict XVI is not one taken in by the great lie of socialism: History is strewn with intellectuals who imagined that they could save the world–and created hell on...
Rev. Sirico on Research on Religion podcast
Acton Institute president and co-founder Rev. Robert Sirico’s Research on Religion podcast went live today. In it, Rev. Sirico sits down with host Tony Gill to discuss his new book, Defending the Free Market: The Moral Case for Capitalism, and a range of other topics, including the morality of capitalism, faith-based initiatives, and Austrian economics. The podcast is available to listen to or download online and regularly offers fresh perspective on relevant topics. Today’s is no exception. Check it out....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved