Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Oct 31, 2025 8:40 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
The Gift
Rev. Robert Sirico examines the nature of giving, which keeps us all so busy during this Christmas season. “Without exchange, without private property and a moral sense of its foundation, giving would be limited, impossible or morally dubious,” he writes. Read mentary here. ...
John Cornwell, Call Your Office!
In light of Iran’s Holocaust Denial conference, you’d think we would hear something from some of the authors who have made a name for themselves attacking the Catholic Church for not doing enough to prevent the Holocaust. Where is John Cornwell, author of Hitler’s Pope, a scurilous attack on Pius XII for not doing enough to save Jews? While we wait to hear from John Cornwell or James Carroll (author of Constantine’s Sword) or Susan Zuccotti (author of Under His...
Keep Those Receipts!
Filing your taxes just got a little plicated. The IRS recently announced new guidelines for charitable deductions to be introduced for the 2007 tax year. Beginning next tax season, “taxpayers must provide bank records or other information when claiming deductions for charitable donations of money.” These records can include credit card statements and canceled checks. And in addition, taxpayers “may also submit a munication from the charity with the organization’s name, the date of the transaction and the amount of...
Restoring Congressional Integrity
There can be little doubt that one of the greatest political and economic problems in the US is the way that our Congress “earmarks” billions of dollars for special projects that benefit lawmakers in their bid for personal security and re-election. The system works in a very straightforward way. Congress can pass massive spending bills and all the while representatives can add “earmarks” that benefit projects and people in their district or state. It is a form, quite often, of...
Just Say No to (Corporate) Welfare
Just say “No!” to corporate welfare. That’s a pretty good motto, I think. And it seems that one form of corporate welfare, the vast system of farm subsidies, is getting some increased critical mainstream coverage. In today’s WaPo appears a story with this headline: “Federal Subsidies Turn Farms Into Big Business.” I’ve seen quite a few stories in this vein over the past few months, exploding the mythical image of the down home family farmer. Here are some unintended consequences...
Churchly Environmentalism
I’ll post the link to this story on an eco-friendly church being built in the Philippines with only one ment: I am very surprised at the claim that this is the “world’s first-ever environmentally-friendly church.” Obviously it all depends how one defines “eco-friendly,” but still, I’m skeptical that this is the first church building to incorporate the features listed in the article. Surely some progressive congregation somewhere has already set the standard in this field? ...
More than a Social Gospel
In a much discussed op-ed for CNN last week, hipster church leaders Marc Brown and Jay Bakker (the latter’s profile, incidentally, immediately precedes that of yours truly in The Relevant Nation…a serendipitous product of alphabetical order) lodge plaint against Christianity that doesn’t respect the call “love others just as they are, without an agenda.” Speaking of Jesus, Brown and Bakker write, “The bulk of his time was spent preaching about helping the poor and those who are unable to help...
Religion Saves More Than Souls
Pat Fagan of the Heritage Foundation summarizes the research on religious practice and social es. Religious practice is a protective factor against divorce, out-of-wedlock child-bearing, domestic violence, drug abuse and suidical tendencies. Religious practice is associated with more positive interactions between parents and children and husbands and wives, as well as with better health over a lifetime.  ...
Colson on Debt and Giving
“The wicked borrows but does not pay back, but the righteous is generous and gives…” Psalm 37:21 That verse is a pretty good introduction to the issues facing people who declare bankruptcy but want to continue to give to the church. As noted on this blog previously, there was some controversy over the legalization and regulation of the inclusion of charitable donations and tithes when filing for bankruptcy. In yesterday’s BreakPoint, Chuck Colson weighs in, supporting the efforts of the...
Costs of Aggressive Population Control
The children of the Chinese One-child policy are finding new obstacles in their paths: no one wants to hire them. Incredible, but true. It seems that many of the only children have been so pampered by their parents, that employers do not find them suitable workers. Some have called these children, "Little Emperors," because their parents dote on them so thoroughly. Evidently, this is not good preparation for working in the global economy! Recently, China Daily reports, the Sinohydro Engineering...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved