There will be a temptation for a reform president to use the lawless means that Obama has bequeathed — executive orders to unconstitutionally bypass Congress; arbitrary suspension or simple non-enforcement of laws, depending on where we are in the national election cycle; exemption of party loyalists from legal accountability — to achieve the noble aim of restoring legality. But such short-cuts to reform would be a terrible mistake.
It would be quite illegal to ignore emissions standards the way Obama has ignored the Defense of Marriage Act; or to reduce, by fiat, the EPA to the present toothless status of ICE; or to allow a new sort of “sanctuary city” to refuse to marry gays, in the manner of San Francisco’s refusing to hand over illegal immigrants; or to arbitrarily remove particular owls and newts from the protection of the Endangered Species Act as Obama has picked and chosen which elements of the Affordable Care Act at any particular time he considered legally non-binding. Payback is very tempting, but eight more years of it would ensure that we would become another Zimbabwe or Venezuela. Instead, the next president must, as never before, obey both the spirit and the very letter of the law to restore to us what Obama has almost destroyed.
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