Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Jan 11, 2026 8:03 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
Crank Up The Air Conditioning: It’s Good For The Economy
If you are of a “certain age,” you grew up without air conditioning. As unthinkable as it is now, we made due with window screens and fans. And we survived. Honestly, it was pretty miserable sometimes. Especially if your dad happened to have a vinyl recliner that you sat on during hot, humid August days watching Brady Bunch re-runs. Peeling yourself off one of those is an experience that will scar you forever. Air conditioning is more than just a...
Have Christian Female Entrepreneurs Changed The World?
Christina M. Weber says that Christian women have been trail-blazers in showing us how to balance family life, work and worship. In the 20th century, Weber says that political ideologies tried to break down family life. Marxists munists promoted disconnection between children and their parents with patible work schedules. They also destabilized marriages with the encouragement of promiscuity and lust. The agenda—dependence on the state above family and God — fueled the economic and political goals of their leaders. But...
Michael Miller: First Reaction to Leaked Encyclical Draft
Michael Matheson Miller, Research Fellow and Director of Acton Media at the Acton Institute: “Pope Francis has spoken consistently about the need to end exclusion for the world’s poor. Since the environmental movement often neglects the challenges of the poor, it will be interesting to see how the encyclical addresses the call to environmental stewardship in the context of poverty and economic development. “ ...
Kishore Jayabalan: Initial Thoughts on Encyclical Leak
Kishore Jayabalan, Director of Istituto Acton in Rome: “The fact that this draft has been leaked well in advance of the encyclical’s official release shows the great interest in what Pope Francis has to say about the environment. To be sure, he will frame the issues in Christian terms, as the pope must always do. My concern is that he will blame the market economy for basically all our environmental degradation and neglect the very important role private property and...
Pope Francis Encyclical Leak Fuels Speculations
A draft of Laudato Sii is circulating and causing an uproar. This document seems to align with climate scientists, arguing that “the bulk of global warming is caused by human activity.” However, this draft may not be the final encyclical, Rev. Federico Lombardi, a Vatican spokesman, said that it is merely a “intermediate version” and not the final encyclical. Whether or not this is the final language and content that will be in the ing encyclical on the environment, much...
Why the Price System is One of God’s Artworks
At an auction in2007Andreas Gursky turned 99 cents into $3.34 million. Well, sort of. Perhaps it’d be more accurate to say he turned99 Cent II Diptychon, a photograph depicting an interior of a supermarket, into a few million. At the time this was the most expensive photograph in the world. Even more amazing is that this wasthe third print of the same image that had sold for millions. Two others sold in 2006, one for $2.25 million and another for...
5 Facts About the Magna Carta
Today marks the 800th anniversary of the sealing of the Magna Carta. Here are five facts about this English documentwhich helped to establish the rule of law: 1. Magna Carta (Latin for “the Great Charter”), also called Magna Carta Libertatum (Latin for “the Great Charter of the Liberties”), was a peace treaty between King John of England and rebel barons that was sealed on June 15, 1215. Magna Carta established for the first time the principle that everybody, including the...
Court to U.S. Army: You Allow Vampire Mickey Mouse Tattoos, Why Not a Turban?
If the Army can make an exception to its regulations for a vampire Mickey Mouse tattoo, why can it not do the same for a turban? That was part of a federal court’s thinking in a ruling ordering the Army to allow a Sikh college student to join his college’s NROTC unit without having to shave his beard, cut his hair, or remove his turban. Iknoor Singh, a junior at Hofstra University and an observant Sikh, has “long dreamed of...
Dory Rowing in the Canyon: Where Work and Wonder Meet
One day, while riding down the Colorado River, Amber Shannon suddenly realized her vocation. “I really wanted to row little wooden boats down big rapids with big canyon walls,” she says. “That was the life dream.” Although it may sound impractical to some, tour guide John Shocklee calls being a boatman in the Grand Canyon “the most coveted job in the world.” “It’s definitely easier to get a PhD than it is to get a dory here in the Grand...
How American Catholics View Pope Francis and Global Warming
Since Pope Francis will be addressing climate change later this week the Pew Research Center has released a survey showing what American Catholics think about boththe pontiff and global warming. Not surprisingly, the surveyfound that global warming is a “highly politicized issue that sharply divides American Catholics, like the U.S. public as a whole, mainly along political party lines.” About seven-in-ten U.S. Catholics (71 percent) believe the planet is getting warmer, and nearly half (47 percent) attribute itto human causes....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved