Home
/
RELIGION & LIBERTY ONLINE
/
The Presidency And The Rule Of Law
The Presidency And The Rule Of Law
Dec 13, 2025 9:14 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
David Brat on the Need for Theologians Who Understand Economics
“I never saw a supply and demand curve in seminary. I should have.” This was written by Virginia Congressman David Brat in an academic paper back in 2011, when he was still an economics professor at Randolph-Macon College. The paper offers a unique exploration of the intersections of economics, policy, and theology, promoting a holistic view of economic freedom and social justice united with Christian witness. Brat, who holds both a Master of Divinity and a Ph.D in economics, has...
Bruce Wayne and the Tragedy of Ineffective Compassion
A few weeks ago in connection with Batman v. Superman: Dawn of Justice,I looked at Lex Luthor as the would-be crony capitalistüber Alles, and pointed to Bruce Wayne along with Senator Finch as the economic and political counterpoints to such corruption, respectively. In this week’s Acton Commentary, Daniel Menjivar looks more closely at Bruce Wayne as representative of aristocratic virtue, the capitalist hero to Luthor’s crony capitalist villain. And while, as Menjivar concludes, “In cape and cowl he is a...
State Department Identifies ‘Countries of Particular Concern’ on Religious Freedom
In 1998, the U.S. took an important step in promoting religious freedom as a foreign policy objective with the passage of the International Religious Freedom Act of 1998 (IRF Act). Designed to “strengthen United States advocacy on behalf of, individuals persecuted in foreign countries on account of religion,” the law authorized “actions in response to violations of religious freedom in foreign countries.” The act also requires that that Secretary of State identify “countries of particular concern,” a designation reserved for...
Work and Eternity
A distinctive of neo-Calvinism, that movement associated with a late-nineteenth century Dutch revival of Reformational Christianity in the Netherlands, is its focus in emphasis if not also in substance not only on individuals but also on institutions. As Richard Mouw puts it, “At the heart of the neo-Calvinist perspective on cultural multiformity is an insistence that the redemption plished by Christ is not only about the salvation of individuals—it is the reclaiming of the whole creation.” This holistic perspective has...
Bruce Wayne: A Capitalist Superhero
“The real hero of the recently released Batman v. Superman film is an often overshadowed character, Bruce Wayne,” says Daniel Menjivar in this week’s Acton Commentary. “Batman’s alter ego, Bruce Wayne is the CEO of Wayne Enterprises and the hero that Gotham, and in the case of this film, Metropolis needs too. Bruce Wayne is, in fact, a capitalist superhero.” In an opening scene, we find Wayne landing in the city of Metropolis as Superman and General Zod battle in...
C.S. Lewis on the Reality of the Moral Law
On the short list of the most enduring Christian books of the twentieth century is C.S. Lewis’s Mere Christianity. The book originated from a series of radio lectures that aired on the BBC during World War II. A YouTube channel called CSLewisDoodle contains a number of videos that illustrate some of Lewis’s selected essays to make them easier to understand. In this video, Lewis talks about the reality of the universal natural law. ...
Radio Free Acton: Raymond Arroyo on Mother Angelica and the Power of Story
Raymond Arroyo of EWTN speaks at the 2016 Acton Lecture Series It was a pleasure to host Raymond Arroyo, host of EWTN’s The World Over, as part of the Acton Lecture Series on April 14th, and on today’s edition of Radio Free Acton, we’re pleased to bring you a conversation between Raymond Arroyo and Acton Institute President Rev. Robert A. Sirico. Over the course of their wide-ranging discussion, they talk about the life and legacy of EWTN Founder Mother Angelica,...
5 Reasons Millennials Should Support ‘Capitalism’
A recent national survey by the Harvard Institute of Politics finds that a majority of Millennials (18- to 29-year olds) do not support capitalism as a political theory. One-third of them, however, do support socialism. As a rule, I try not to put too much stock in such surveys because opinion polls make us dumb. But it’s e obvious that a significant portion of younger American are truly so under-educated that they truly believe socialism is preferable to capitalism. Perhaps...
Does Free Trade Between Texas and California Cost Jobs?
There is something about an election year that causes otherwise rational people to lose all economic sense. Take, for example, the issue of free trade. The opposition to free trade on both sides of the politial spectrum is baffling. Yet progressives seem particularly confused, seeming to hold two opposing views on trade at the same time. “Have you ever wondered if you are a progressive?” asks economist Scot Sumner. e up with a two-part test. If you believe in both...
Chobani’s CEO on the Art of Executive Stewardship
As politicians continue to decry the supposed “greed” of well-paid investors, business leaders, and entrepreneurs — promoting a variety of reforms that seek to mandate minimums or cap executive pay — pany is demonstrating the value of economic freedom and market diversity. Chobani, a privately ownedgreek yogurtmanufacturer,recentlyannounced it will be giving a 10% ownership stake to its roughly 2,000 full-time workers,a move that couldresult in hundreds of thousands, if not millions, of dollars for someemployees. According to the New York...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved