Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Apr 7, 2026 6:05 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
10 ways businesses are helping you during coronavirus
As bination of isolation and bad news about the coronavirus pandemic depresses Americans, it is vital to look for the silver lining. The good news is that businesses from coast to coast and around the world are performing good deeds, whether civic-minded or profit-driven, that are making people’s lives better. Here are just a few examples: 1. Apple donates 10 million face masks to healthcare facilities. Last Saturday, Apple pledged to donate two million facemasks to healthcare workers. Vice President...
Lesser-known books by Wilhelm Röpke that you should read
With so many people around the world in moderate or full quarantines and lockdowns, many of them are turning to books to pass the time, ease their fears, or simply take advantage of an unexpected and involuntary opportunity to recharge their intellectual batteries. This being the case, I’d like to offer a short summary of some of the lesser-known books written by one of my favorite thinkers, the German economist Wilhelm Röpke, in the hope that it may entice some...
Acton Line podcast: A hopeful message in a time of crisis from Rev. Robert Sirico
In this episode, Acton’s President and Co-founder, Rev. Robert Sirico, offers some thoughts on what the role of the government should be during a crisis. When we’re confronted with unique crises, especially like the Coronavirus pandemic the world is facing now, there are justified government interventions. However, we can’t discount the principle of subsidiarity, as well as the division of labor and voluntary action. How can we wisely approach these principles in the reality of our current context? Rev. Sirico...
How to grow in wisdom in a time of uncertainty
Earlier this week, Michigan Governor Gretchen Whitmer issued a “stay at home” order in an effort to slow the spread of COVID-19. As a result, many people have taken on new responsibilities and challenges in addition to their existing duties. For those working in what have been deemed “essential businesses,” this has meant additional professional requirements. For those working in jobs deemed “non-essential,” employers and employees have either had to transform the nature of their work creatively or reduce—and in...
Review: ‘America Lost’ and the crisis of faith and work
However unique their history or munities experiencing high unemployment are pockmarked by the same sights: shuttered factories, rows of abandoned homes bulldozed or set ablaze by arsonists, and a debilitating hopelessness. After sifting through the wreckage of jobless cities and shattered lives for his new documentary,America Lost filmmaker Christopher F. Rufo found a crisis of faith and work. Rufo spent three years following the lives of people struggling to get by in three munities: Youngstown, Ohio; Memphis, Tennessee; and Stockton,...
How freer markets can help during the coronavirus crisis with Rev. Robert Sirico
As the COVID-19 pandemic continues, Rev. Robert Sirico, president and co-founder of the Acton Institute, shares thoughts on how reducing regulatory and tax burdens can help our struggling economy as we fight the virus. (This video was recorded and released on March 25, 2020.) If you missed the first video in this series, you can view it here. ...
Thoughts from Rev. Robert Sirico during the coronavirus pandemic (Video 1)
During uncertain times, Rev. Robert Sirico, president and co-founder of the Acton Institute, offers his thoughts on human flourishing, subsidiarity, and more. (This video was recorded and released on March 20, 2020.) Some of Father Sirico’s mended resources are listed below the video. Robert Higgs, Crisis and Leviathan (Oxford University Press, 1987) On the principle of subsidiarity On Smith and the responsibilities of the state, including in time of emergency On the failure of centralized supranational responses ...
New issue of the Journal of Markets & Morality (Vol. 22, No. 2)
The newest issue of the Journal of Markets & Morality is now live on our website here and in the mail to subscribers. This issue includes an excellent lineup of scholarly articles ranging from Christian education, to private property in the early Church, to sixteenth-century political philosophy, to environmentalism, to the crisis of the public square. As a special feature, it also contains the papers from a symposium on the Dominican contribution to liberty, with contributions from Catherine Joseph Droste,...
The most important truth in Cuomo and Trump’s ventilator dispute
New York Governor Andrew Cuomo and President Donald Trump are verbally sparring over who bears the blame for the state’s lack of ventilators, a crucial need for patients suffering from the coronavirus. Beneath the incendiary rhetoric of the two leaders, neither of whom is a stranger to verbal fisticuffs, lies an important but little-remarked fact. The insight revolves around one number: 15,783. That figure spotlights failings well beyond this controversy. The battle of blame-shifting involves who should be purchasing ventilators...
The other ‘coronacrisis’: Are our free associations heading to the catacombs?
As alarm bells continue ringing for the coronavirus pandemic, governments have aggressively stepped up heavy-handed measures to flatten the curve of contagion – especially through forced social distancing. While surely beneficial to slow the pace of infection, such radical isolation has halted virtually all public gatherings and most private free associations at work, worship, school and private charities. Should such lock-down procedures endure for a much longer-term and with greater severity, what will this mean? Will our free associations head...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved