Rule of Law vs. Rule by Decree

We have discussed the president’s bad habit of ignoring or even altering laws that he finds inconvenient.  Charles Krauthammer catalogs just how many times and to what extent he and his administration have done this.

From Charles Krauthammer: Can Obama write his own laws? – The Washington Post:

On Monday, Attorney General Eric Holder, a liberal in a hurry, ordered all U.S. attorneys to simply stop charging nonviolent, non-gang-related drug defendants with crimes that, while fitting the offense, carry mandatory sentences. Find some lesser, non-triggering charge. How might you do that? Withhold evidence — for example, the amount of dope involved.

In other words, evade the law, by deceiving the court if necessary. “If the companies that I represent in federal criminal cases” did that, said former deputy attorney general George Terwilliger, “they could be charged with a felony.”

But such niceties must not stand in the way of an administration’s agenda. Indeed, the very next day, it was revealed that the administration had unilaterally waived Obamacare’s cap on a patient’s annual out-of-pocket expenses — a one-year exemption for selected health insurers that is nowhere permitted in the law. It was simply decreed by an obscure Labor Department regulation.

Which followed a presidentially directed 70-plus percent subsidy for the insurance premiums paid by congressmen and their personal staffs — under a law that denies subsidies for anyone that well-off.

Which came just a month after the administration’s equally lawless suspension of one of the cornerstones of Obamacare: the employer mandate.

Which followed hundreds of Obama­care waivers granted by Health and Human Services Secretary Kathleen Sebelius to selected businesses, unions and other well-lobbied, very special interests.

Nor is this kind of rule-by-decree restricted to health care. In 2012, the immigration service was ordered to cease proceedings against young illegal immigrants brought here as children. Congress had refused to pass such a law (the DREAM Act) just 18 months earlier. Obama himself had repeatedly said that the Constitution forbade him from enacting it without Congress. But with the fast approach of an election that could hinge on the Hispanic vote, Obama did exactly that. Unilaterally.

The point is not what you think about the merits of the DREAM Act. Or of mandatory drug sentences. Or of subsidizing health care premiums for $175,000-a-year members of Congress. Or even whether you think governors should be allowed to weaken the work requirements for welfare recipients — an authority the administration granted last year in clear violation of section 407 of the landmark Clinton-Gingrich welfare reform of 1996.

The point is whether a president, charged with faithfully executing the laws that Congress enacts, may create, ignore, suspend and/or amend the law at will.

 

About Gene Veith

Professor of Literature at Patrick Henry College, the Director of the Cranach Institute at Concordia Theological Seminary, a columnist for World Magazine and TableTalk, and the author of 18 books on different facets of Christianity & Culture.


CLOSE | X

HIDE | X