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. Presidents are arguably permitted to refuse to enforce laws they consider unconstitutional (the basis for so many of George W. Bush’s so-called signing statements). But presidents are forbidden from doing so for reasons of mere policy — the reason for every Obama violation listed above.