Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Nov 30, 2025 6:06 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
After tax plan passage, corporations offer glimpse of who will benefit
When es to tax policy, opponents of corporate tax cuts often say that cuts will only help those at the top: that the wealthiest employees will receive large bonuses while middle managers and those at the bottom will remain at the same wage levels, thus increasing the wage gap. Taxation is often seen as an opportunity for government to distribute the wealth, but when given the opportunity and financial capacity, corporations can do the same, and have the opportunity to...
Why entrepreneurs want to turn public goods into club goods
Note: This is post #62 in a weekly video series on basic microeconomics. Club goods are goods that are nonrival and excludable, says economist Alex Tabarrok. For instance, HBO is a club good, as you need to pay a monthly fee to access HBO (excludable) but more viewers does not add to costs (nonrival). As Tabarrok explains in this video by Marginal Revolution University, entrepreneurs are always looking for ways to turn public goods into club goods. (If you find...
How pagans viewed Christian charity
Every year’s end means that people of faith will be deluged with two things: wishes for a Happy New Year and appeals for charities of every conceivable variety. Americans gave $390 billion to charity in 2016, nearly one-third of it in the month of December. For charities and their beneficiaries, the holiday spirit – and Americans’ desire to lower their year-end tax bill – are a godsend. But ancient pagans had a different view of private, Christian almsgiving, which still...
The dystopian prospects of a world without work
Humans have long daydreamed about a day or a place where work is no more, whether found in a retirement home on a golf course or in a utopian society filled only with leisure and idleness. But is a world without work all that desirable, even amid material abundance? In an essay in Touchstone Magazine, Hunter Baker explores the question at length, noting the growing disconnect between “consumer man” and “working man” in the modern economy. Indeed, as Baker notes,...
Abraham Kuyper confronts stereotypes in ‘On Islam’
Abraham Kuyper, who served as prime minister of the Netherlands from 1901 to 1905, was also a journalist and theologian. Kuyper wrote expansively on public theology in an effort to engage culture through the lens of a Christian worldview, covering topics such mon grace, the kingship of Christ, and the roles of the church and family. In collaboration with the Abraham Kuyper Translation Society, the Acton Institute and Lexham Presshave teamed together to publish the Abraham Kuyper Collected Works in...
Unemployment as economic-spiritual indicator — December 2017 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight the latest numbers we need...
Incorporation as incarnation: Giving economic form to divine truth
What can the incarnation teach us about Christian cultural witness and economic action? When God became a man, He showed us the power of embodied truth. But that divine act wasn’t just meant to rescue us from a fallen world; it was meant to model what transformation actually looks like in the here and now. As Rev. Robert Sirico recently noted in his reflections on Christmas, the incarnation reminds us “how seriously God takes the material world which he made,...
11 things you should know about the minimum wage
As is ing mon New Year’s theme, the minimum wage increased on Monday in more than a dozen states across the U.S. According to the Economic Policy Institute, 18 states increased the lowest legal wage allowed: • Alaska: $9.84, $.04 increase • Arizona: $10.50, $.50 increase • California: $11.00, $.50 increase • Colorado: $10.20, $.90 increase • Florida: $8.25, $.15 increase • Hawaii: $10.10, $.85 increase • Maine: $10.00, $1.00 increase • Michigan: $9.25, $.35 increase • Minnesota: $9.65, $.15...
Why is Iran spreading socialism in the West?
Iran’s Revolutionary Guard boasts that the protests that have blanketed the nation for the last week have died down – and, with them, at least 22 Iranians demanding better economic conditions and civil liberties. Economic change was at the heart of public discontent, something Iran may be seeking to export to the West by spreading socialist ideology. The Islamic Republic of Iran and Nicolás Maduro’s Venezuela both support – and may be funding – the spread of socialism in the...
What’s behind the EU triggering Article 7 against Poland?
For the first time in its history, the EU has invoked Article 7, a provision of its constitution intended to censure and punish a member nation for violating European values. Just before Christmas, the European Commission took the first step in the process against Poland over a series of laws taken by the ruling Law and Justice (PiS) that it says threatens the independence of the judiciary. Ultimately, the EU could set out changes it expects Poland to make to...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved