June 16, 2012
Obama's 'executive overreach'
Bush administration counsel John Yoo - who knows a thing or two about stretching executive power - has an excellent analysis in NRO responding to the president's reasoning on the legality of his DREAM Act implementation by fiat. There are two exceptions, neither of which applies here. The first is that "the Laws" includes the Constitution. The president can and should refuse to execute congressional statutes that violate the Constitution, because the Constitution is the highest form of law. We in the Bush administration argued that the president could refuse to execute laws that infringed on the executive's constitutional powers, particularly when it came to national security - otherwise, a Congress that had a different view of foreign policy could order the military to refuse to carry out the president's orders as Commander-in-Chief, for example. When presidents such as Jefferson, Jackson, Lincoln, and FDR said that they would not enforce a law, they did so when the law...(Read Full Post)