Wednesday, January 13, 2016

Obama can’t rewrite the law

The president does not have the power to create or rewrite legislation — that is Congress’s job. He is not authorized to dispense with or suspend the law. British kings made this practice familiar to the Framers of the Constitution, who deliberately chose to deny such a power to the president.
Yet while history books are filled with disputes between the president and Congress over the scope of their powers, today we are in an era of unparalleled presidential overreach. President Obama openly flouts his duty to faithfully enforce the law — with the battle cry that “we can’t wait” for Congress to act.
To determine if modern presidents have become too powerful, let’s start by referring to the Constitution. Article II charges the president with the duty to carry out the law — to “take care that the laws be faithfully executed.” Contrary to what some more ambitious presidents would have us believe, this was meant to constrain the executive’s power. It’s a duty that includes complying with statutory mandates, enforcing laws and regulations (including prosecuting lawbreakers) and defending the validity of laws in court.

https://www.washingtonpost.com/news/in-theory/wp/2016/01/13/obama-cant-rewrite-the-law/ 

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