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. When Mr. Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws and the federal Defense of Marriage Act.
On many of those policy issues, reasonable minds can disagree. Mr. Obama may be right that some of those laws should be changed. But the typical way to voice that policy disagreement, for the preceding 43 presidents, has been to work with Congress to change the law. If the president cannot persuade Congress, then the next step is to take the case to the American people. As President Reagan put it: “If you can’t make them see the light, make them feel the heat” of electoral accountability.
President Obama has a different approach. 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.