May 27, 2015

A Presidency Rebuked by the Courts

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A long time ago, President Obama gave up on working through the traditional constitutional route of passing laws through Congress and administering them through the executive branch. He proclaimed that with his “pen and phone” he was going to centralize even more power in the imperial presidency.

As a result, the Obama Administration has:

But by staking his legacy on over-expansive executive actions, President Obama is facing a series of foreseeable roadblocks: the courts and the Constitution. As the Wall Street Journal editorial board put it, “America’s most powerful former law professor is getting a re-education in the Constitution, and on present course President Obama might flunk out.”

Just yesterday, the U.S. Fifth Circuit Court of Appeals kept an injunction against the President’s illegal immigration actions—blocking it’s implementation—because the President has no legal authority to write and rewrite laws as he pleases. But this isn’t the first time President Obama has been rebuked by the courts. A short list includes:

All of these legal battles stem from the President’s intransigent desire to subvert the democratic process, ignore the will of the people as expressed through their representatives, and expand executive authority beyond any other President in history. That’s tough to defend in court, even if you are a law professor.