constitution-and-rule-of-law

Let’s Build a New Consensus to Restrain Executive Power

Here’s a basic principle of good government: Don’t endorse a government power that you wouldn’t want wielded by your worst political enemy. Democrats will soon be learning that painful lesson.

Obama’s most concerning legacy was to use congressional inaction as a justification for sweeping executive orders. In the DACA and DAPA immigration cases, the president decided that, if Congress didn’t do something about immigration, then he would. This is a shocking argument for asserting unilateral power in a constitutional system that depends on checks and balances, and it should not matter whether you agree with the policy outcome. Nevertheless, Democrats, by and large, endorsed Obama’s action.

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