Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Apr 13, 2026 8:22 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
Getting the Lead Out
In this week’s Acton Commentary, “From the Lead Frying Pan into the Toxic Fire,” I examine some of the fallout from the lead paint fiasco of 2007. Last month RC2 Corp. settled the civil penalty for violating a federal lead paint ban. But in the wake of subsequent federal action, I examine two unintended consequences. First, new federal regulations are posing an unsustainable burden on some small businesses, forcing them to make very hard choices about whether to keep their...
Haitian Suffering and American Compassion
The devastation in Haiti is heartbreaking. For most of us, it is far too easy to be distracted from the tremendous need right now in Haiti because of our own daily circumstances. In many ways I reacted similarly to Jordan Ballor when he confessed he initially thought reports of the earthquake had to be exaggerated. I say that because I was living in Cairo, Egypt when they had a 5.8 earthquake in 1992. The earthquake caused destruction to some buildings...
WFR Relief for Haiti
If you are looking for a Christian relief organization working in Haiti, let me mend WFR Relief, located in Louisiana. Led by Don Yelton, WFR has a solid track record for passion in times of disaster, having “provided humanitarian aid and disaster relief in 50 countries since 1981.” They distinguished themselves, for instance, in the wake of Hurricane Katrina. An article about Yelton and WFR is here. WFR’s donation page is here. ...
Celebrate Martin Luther King Day With The Birth of Freedom Film
The Birth of Freedom opens and closes with Martin Luther King, Jr.’s iconic “I Have a Dream” speech. King appealed to Americans to live out the true meaning of this nation’s creed that all men are created equal. The documentary sets that appeal within the broader context of the Christian West’s slow but ultimately triumphant march to freedom. Send it to a friend or loved one. Let freedom ring. ...
Haiti: Two Days Later
The Big Picture blog has some remarkable images from the last 48 hours in Haiti (warning: there are disturbing images among the collections). In the wake of the disaster, many are looking back at Haiti’s history to see what has kept this nation in generations of economic despair. As the AP reports: Two years ago, President Rene Preval implored the world mit to long-term solutions for his nation, saying a “paradigm of charity” would not end cycles of poverty and...
Family Economics
It should be obvious that developments within a social institution as fundamental as marriage will have an economic impact. Sorting out cause and effect in such cases is no easy matter, however; the temptation is to draw easy and simplistic connections. A suitably sophisticated es from Fr. John Flynn at Zenit. Flynn reports on a study by the National Marriage Project. Lots of interesting tidbits here, not all of them exclusively related to family issues. Among them: 75% of job...
Desperate Times: Haiti Six Days Later
The Big Picture: Haiti Six Days Later. ...
Recommended: Belloc’s Puzzling Manifesto
Hilaire BellocOver the past five years, many conservatives and religiously-inclined people have been turning to the works of Hilaire Belloc and G.K. Chesterton as part of an effort to rethink the nature of economic life. Both these figures wrote about many other things than economics – and some would say that, for all their insights as Christian apologists, economics was never their strong point. Indeed many of their economic writings were heavily criticized when they were initially published in Britain...
Rethinking Social Justice
Some years ago, I was engaged in a conversation at a municators convention with a liberal/progressive activist who was having trouble understanding how the market could actually be a force for good. Finally, he defaulted to the question that — to him at least — would settle the matter. “So,” he asked, “does the Acton Institute work for social justice?” My response, of course, was, “You bet we do.” The problem with this brief exchange was that we obviously didn’t...
How to Help Haiti
I have to admit that my first few reactions to the news of an earthquake in the Caribbean weren’t especially charitable. I thought first that the scale of the reports had to be exaggerated, that things couldn’t be as bad as the media was breathlessly reporting. Then I wondered how long it would take for the environmental movement to make use of the disaster to advance their agenda. Neither of these reactions are particularly noble on my part, obviously. Blame...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved