Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Jan 13, 2026 4:01 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
Audio: Elise Hilton on The Manufactured Border Crisis
Elise Hilton has been writing a good deal lately about our manufactured border crisis, and last week Al Kresta, host of Kresta in the Afternoon on the Ave Maria Radio Network, asked Elise to join him on his show to discuss the human tide currently engulfing the southern border of the United States. They discuss the response – or lack thereof – of the Obama Administration to the crisis, the underlying causes of the problem, and how the failures of...
Skirting The Law: Five U.S. Territories Now Exempt From Obamacare
Last week was a busy one, news-wise, and this may have slipped by you. Suddenly, 4.5 million people in the 5 U.S. territories (American Somoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands) are now exempt from Obamacare. Just like that. What’s the story? Obamacare costs too darn much, and insurance providers were fleeing the U.S. territories, leaving many without insurance or at least affordable insurance. These territories have spent the last two years begging to get...
The Economics Of Sex
Economics, at first glance, doesn’t seem very…well…sexy. It’s all about numbers, right? How the stock market is doing, how much people are willing to spend on stuff they need or want, whether or not people have jobs. That’s economics, right? As the Rev. Robert Sirico is fond of saying, economics is fundamentally about human action. If this is true, then economics applies to sexual activity as well. In the following video (from the Austin Institute), today’s sexual landscape is examined...
Religion & Liberty: An Interview with Uwe Siemon-Netto
Next year will mark the 40th anniversary of the Fall of Saigon and the end of America’s involvement in Vietnam. Uwe Siemon-Netto, a German, and former journalist for United Press International, covered much of the conflict in Vietnam. He has a new and excellent book titled, Triumph of the Absurd: A Reporter’s Love for the Abandoned People of Vietnam. Siemon-Netto is a Lutheran theologian and his extensive background in journalism and theology gives him tremendous credibility in discussing today’s media...
Watch ‘The Economy of Love’ for FREE on Flannel (Today Only)
For today and today only, you can watch Episode 2 of For the Life of the World: Letters to the Exiles for FREE over at Flannel.org. Produced by the Acton Institute and spread across seven episodes, the series seeks to examine the bigger picture of Christianity’s role in culture, society, and the world. Episode 2 focuses specifically on the Economy of Love, and the grand mystery we find therein. As host Evan Koons concludes: “Family is the first and foundational...
For the Good of Mankind, Side With the Consumer
Should we always take the side of the individual consumer? That’s the question Rod Dreher asks in a recent post on “Amazon and the Cost of Consumerism.” It’s a good question, one that people have been asking for centuries. The best answer that has been provided—as is usually the case when es to economic questions—was provided by the nineteenth-century French journalist Frédéric Bastiat. Bastiat argues, rather brilliantly, that, consumption is the great end and purpose of political economy; that good...
The Idle Rich
Over at his blog, Peter Boettke writes, “The idle rich are never really idle in a free market economy.” Now while we might want to distinguish between the rich and their riches, could it be that even in their consumption, conspicuous or otherwise, the rich are contributing to a rising tide that lifts all boats? Wesley Gant makes that related case over at Values & Capitalism: “Is It Possible to Waste Money?” Gant seems to conclude that it isn’t possible...
Who Pays for Detroit’s Water?
As I was poring over the morning news the other day, it seemed to me that every few days there is another water crisis somewhere; whether it’s California’s drought, or more recently the controversial decision in which the Detroit panies shut off the water supply to over 15,000 customers. But are we really looking at water regulation, appropriation, and the morality of shutting water off in the correct light? Let’s start with some of the basics: Water is essential for...
Roadmap Out Of The Nihilistic Void
In a gutsy, thoughtful article attheAmerican Thinker , Danusha V. Goska describes her intellectual journey from a family of card-carrying Communists to discovering she wanted to spend time with people “building, cultivating, and establishing, something that they loved.” There’s a lot to mull over in Goska’s piece, but it was her discovery of a moral and religious framework that struck me. Rather than a “nihilistic void” that had been her life, Goska encountered people whose faith informed their actions in...
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
What just happened with Obamacare? In a two-to-one decision, the U.S. Court of Appeals for the District of Columbia Circuit dealt a serious blow to Obamacare by ruling the government may not provide subsidies to encourage people to buy health insurance on the new marketplaces run by the federal government. What did the court decide? Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (Obamacare) makes tax credits available as a...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved