Wednesday, January 29, 2014

"Rule of Law" Means That We Are A Nation Ruled By Laws, Not Men

                     
On Monday, Mr. Obama acted unilaterally to raise the minimum wage paid by federal contracts, the first of many executive actions the White House promised would be a theme of his State of the Union address Tuesday night.
The president's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too.
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."
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.
Mr. Cruz, a Republican senator from Texas, serves as the ranking member on the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Human Rights.

**UPDATE** 

"Attorney General Eric Holder couldn't explain the constitutional basis for executive orders such as President Obama's delay of the employer mandate because he hasn't read the legal analysis -- or at least, hasn't seen it in a long time." ~Washington Examiner


No comments: