Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Feb 19, 2026 6:22 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
Empty store shelves? Thank price controls
The COVID-19 pandemic panic has caused an eerie, post-apocalyptic scene to monplace across the country: supermarkets with barren shelves. One would think that this is the time for an intervention to ensure that stores stay stocked with the things we need, but governors nationwide are taking the opposite approach. This includes Michigan, Wisconsin, and Oregon. Several other states connect price controls to declared states of emergency, as well. Despite their good intentions, policies meant to curb price gouging will perpetuate...
Acton Line podcast: How Communist China’s virus coverup caused a pandemic
As of March 18, Coronavirus, or COVID-19 — which originated in Wuhan, China — has infected over 200,000 people and has killed more than 8,000 people globally. What responsive measures should have been taken by China that weren’t? How did the People’s Republic of China put the world in danger by failing the people of Wuhan, and who in China risked their lives and even the lives of their family members to raise the alarm for your sake? Helen Raleigh,...
By God’s Grace we will win the COVID-19 race
In this global crisis, mankind will find medical weapons to slay the COVID-19 dragon and stave off a massive loss of lives and global economic collapse. However, this means allowing enough operating space for God, through His Grace, by remaining diligently prayerful while also zealous and creative in our scientific research. Read More… “By God’s Grace we will win the race.” I love this optimistic expression used by some of my African priest friends in Rome. It is true that...
Coronavirus’ greatest threat: our social fabric
Over the weekend, Michigan Attorney General Dana Nessel announced that her office received plaints of retailers gouging coronavirus-panicked consumers on the price of basic necessities: Stores in Farmington Hills, Dearborn, Ann Arbor and Allendale have been accused of jacking up the price of hand sanitizers, face masks, and rice and lentils by up to 900%. In one case, the Allendale store was allegedly selling face masksthat would normally sell for $3 apiecefor $6 to $10 each. Another store had increased...
Why the economy needs a theology of the body
This article first appeared on March 17, 2020, in Public Discourse, the journal of the Witherspoon Institute, and was republished with permission. The COVID-19 pandemic is catalyzing trends in the economy that have been incubating for some time. Three basic elements form the dynamics at the core of economic development in the twenty-first century: virtualization, automation, and incarnation. The first two of these have received the majority of the attention, both popularly and in policy discussions. But as the coronavirus...
The two most important principles to remember during a pandemic
Like everyone else, I’m trying to wrap my mind around the blizzard of information on the coronavirus pandemic and the sudden change in my daily routine. It’s all a bit surreal. Yes, I still retrieve myWall Street Journalin the morning—but with gratitude that this is not my sole medium of information. Ubiquitous access to information—good or bad; accurate or inaccurate—can be unsettling during a crisis. But the free flow of information is always preferable to censorship or state-orchestrated disinformation, which...
How the Church can respond to the Coronavirus pandemic
If you had you asked someone on New Year’s Day of 2020 what they envisioned the year ahead might look like, few would’ve imagined that the first few months would be spent canceling trips, events, and academic semesters. Families and college students hadn’t planned to spend their spring break in quarantine. Most businesses didn’t enter the year in fear of stomach-turning Dow Jones plummets and sobering market uncertainty. Regardless of projections, governments across the world are taking extensive measures to...
Dashed hopes in crisis? Be like Charles Borromeo
When the Israelites wondered aimlessly in the desert, often they got lost, were scared and worshiped false idols to abate their worries. They abandoned Yahweh, but the Lord did not reciprocate. Rather, he stood steadfastly by his chosen people, and demanded they walk straight, heads up and remain focused, trusting pletely, for soon would reach the coveted Promised Land. The Old Testament Covenant provided God’s chosen people with the gift of theological hope which the Israelite nation collectively relied on...
The post-liberal Right: The good, the bad, and the perplexing
This article first appeared on March 2, 2020, in Public Discourse, the journal of the Witherspoon Institute, and was republished with permission. Since 2016, much of the American Right has been preoccupied with the liberalism wars. Whether they question aspects of the American Founding, express strong doubts about free markets or press for more assertive roles for the state, post-liberals believe that the ideas variously called “classical liberalism,” “modern conservatism,” or simply “liberalism” have exercised too strong a hold on...
The Midwest’s growing ‘faith-and-tech movement’
We have long heard about the incessant flow of America’s best-and-brightest workers to the country’s largest urban centers, leading many to fear the consolidated power of “coastal elites” and the continuous disruption of the American heartland. Yet this movement seems to be slowing, as more workers and businesses shift to mid-sized metropolitan areas across the Midwest. Many venture capital firms are following suit, eyeing various eback cities” as frontiers for new growth. Given the many demographic and cultural differences between...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved