George Will on What Congress Can Do About Obama’s Rewriting of Laws

WASHINGTON - JANUARY 08: Conservative newspaper columnist George Will poses on the red carpet upon arrival at a salute to FOX News Channel's Brit Hume on January 8, 2009 in Washington, DC. Hume was honored for his 35 years in journalism. (Photo by Brendan Hoffman/Getty Images) | Getty
WASHINGTON – JANUARY 08: Conservative newspaper columnist George Will poses on the red carpet upon arrival at a salute to FOX News Channel’s Brit Hume on January 8, 2009 in Washington, DC. Hume was honored for his 35 years in journalism. (Photo by Brendan Hoffman/Getty Images) | Getty

What philosopher Harvey Mansfield calls “taming the prince” — making executive power compatible with democracy’s abhorrence of arbitrary power — has been a perennial problem of modern politics. It is now more urgent in the United States than at any time since the Founders, having rebelled against George III’s unfettered exercise of “royal prerogative,” stipulated that presidents “shall take care that the laws be faithfully executed.”

Serious as are the policy disagreements roiling Washington, none is as important as the structural distortion threatening constitutional equilibrium. Institutional derangement driven by unchecked presidential aggrandizement did not begin with Barack Obama, but his offenses against the separation of powers have been egregious in quantity and qualitatively different.

Regarding immigration, health care, welfare, education, drug policy and more, Obama has suspended, waived and rewritten laws, including theAffordable Care Act. It required the employer mandate to begin this year. But Obama wrote a new law, giving to companies of a certain size a delay until 2016 and stipulating that other employers must certify they will not drop employees to avoid the mandate. Doing so would trigger criminal perjury charges; so he created a new crime, that of adopting a business practice he opposes.

Presidents must exercise some discretion in interpreting laws, must havesome latitude in allocating finite resources to the enforcement of laws and must have some freedom to act in the absence of law. Obama, however, has perpetrated more than 40 suspensions of laws. Were presidents the sole judges of the limits of their latitude, they would effectively have plenary power to vitiate the separation of powers, the Founders’ bulwark against despotism.

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Source: Washington Post  | George F. Will

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