Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Feb 1, 2026 4:19 PM

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
Supreme Court Defends Freedom in Landmark Religious Liberty Case
Can prison bureaucrats arbitrarily ban peaceful religious practices? Whether they should, they certainly have done so. As The Becket Fund points out, many prisons have barred Jewish inmates from wearing yarmulkes, denied Catholics access to the sacraments munion and confession, and shut down Evangelical Bible studies. Prisons have frequently even banned religious objects, such as rosaries, prayer shawls, and yarmulkes. In response to these and many other displays of religious suppression, an overwhelmingly bipartisan Congress enacted a landmark civil rights...
‘Dual-Status’ Youths: Broken Kids, Broken System
“Status.” Webster’s defines it as “high position or rank in society.” Yet for many young people, this could not be further from the truth. In the language of social workers and court systems, “dual-status” youths are young people who are involved in the juvenile justice system and child welfare system. Case in point: She was born to an incarcerated mother. She was repeatedly abused by relatives with whom she spent much of her early life. By the time she turned...
MLK on Law and Morality
Earlier this year, UCLA made available for the first time the audio of a speech from the Rev. Dr. Martin Luther King Jr. given just over a month after the march from Selma to Montgomery. On April 27, 1965, King addressed a number of topics, including debate surrounding the Voting Rights Act. At one point in the speech, King stops to address a number of “myths” that are often heard and circulated, and one of these is of perennial interest,...
Samuel Gregg on ‘Perverted Religion’ and Free Expression
Horrific acts of violence and the dangers of free expression have been on everyone’s minds lately. After the attack on Charlie Hebdo, the ongoing terrorism by Boko Haram, and countless other attacks and atrocities, mentators are discussing violence in the name of Islam and limits on free expression. One of these people is Pope Francis, who discussed the Charlie Hebdo attack during a flight to the Philippines. Another, who actually made the remarks almost ten years ago at the University...
10 Quotes for Religious Freedom Day
Thomas Jefferson wanted what he considered to be his three greatest achievements to be listed on his tombstone. The inscription, as he stipulated, reads “Here was buried Thomas Jefferson, author of the Declaration of American Independence, of the Statute of Virginia for Religious Freedom, and father of the University of Virginia.” Today we celebrate the 229th anniversary of one of those great creations: the passage, in 1786, of the Virginia Statute of Religious Freedom. Each year, the President declares January...
Great Religious Films On Netflix
The film industry quite often gets religion wrong. Either the pletely misunderstands faith (think Noah and the recent Exodus), or the movies are so saccharine that theaters ought to offer diabetes testing for movie-goers on the way out of the theater (Left Behind and anything else Kirk Cameron has been involved with). This is really too bad, because movies are an art form that have the power to move us, to make us think, to ponder more deeply critical questions...
God Is With You in the Workplace (Whether You Know It or Not)
This post is part of a symposium on vocation between the PatheosFaith and Work Channeland the PatheosEvangelical Channel, and originally appeared at the Oikonomia blog, a resource fromthe Acton Institute on faith, work, and economics. We’ve seen a renewed focus among Christians on the deeper value, meaning, and significance of our daily work, leading to lots of reflection on how we might “find God in the workplace.” As a result, Christians are ing ever more attentive to things like vocation...
Chinese Government Tries To Stay Ahead Of Child Traffickers
Underground delivery rooms. Babies smuggled in designer handbags. Criminal gangs kidnapping pregnant women. It’s all part of a growing concern in China: child trafficking. According to CNN, Chinese authorities rescued 37 newborns and one toddler this week, arresting over 100 people in the process. The operation included the raid of an “underground delivery room” in an abandoned warehouse, where one baby was found near death under a large pile of blankets. It is believed that the children were going to...
Vox Connects the Dots Between Inequality and Envy
Imagine that the wealth of both the poorest and richest Americans were to double overnight (and the middle class wealth stayed the same). Would the poor be better off? Most of us would agree they would be. But those obsessed with e and wealth inequality would fret thatthe poor were in even worse shape than before sinceinequality just got much, much worse. The difference in opinion is based on ourchoice of perspective. If you care about the only inequality that...
Love Wins: Trafficked, Retrafficked, Saved
International Justice Mission (IJM) is an NGO working globally to prevent violence, reform corrupt systems, protect and promote rule of law and sustain changes. That’s their mission, summed up in a few brief words. What it really means is that girls like Suhana are saved. Suhana was forced into India’s sex trade, not once, but twice. IJM did not give up on her. Hear her powerful story. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved