In the more than two centuries of our nation’s history, there is simply no precedent for the White House wantonly ignoring federal law and asking private companies to do the same. As my colleague Democratic Sen. Tom Harkin of Iowa asked, “This was the law. How can they change the law?”
Similarly, 11 state attorneys general recently wrote a letter to Health and Human Services Secretary Kathleen Sebelius saying that the continuing changes to ObamaCare are “flatly illegal under federal constitutional and statutory law.” The attorneys general correctly observed that “the only way to fix this problem-ridden law is to enact changes lawfully: through Congressional action.”
In the past, when Republican presidents abused their power, many Republicans—and the press—rightly called them to account. Today many in Congress—and the press—have chosen to give President Obama a pass on his pattern of lawlessness, perhaps letting partisan loyalty to the man supersede their fidelity to the law.
But this should not be a partisan issue. In time, the country will have another president from another party. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore the law, or unilaterally change the law? Imagine a future president setting aside environmental laws, or tax laws, or labor laws, or tort laws with which he or she disagreed.
That would be wrong—and it is the Obama precedent that is opening the door for future lawlessness. 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.