The founders wanted to create a system of gov't with a separation of powers, checks and balances that would preclude too much power in any one of the three branches of gov't. That was the intent of the Constitution; while the president is supposed to be able to make decisions and take any necessary actions to fulfill his responsibilities, he is supposed to do so IAW existing laws. If he fails to do so by implementing policies not specified or grounded in any legislation passed by Congress, then he is acting in an unlawful manner. It is not within his purview to issue executive orders or take actions without some basis in existing law, simple as that. It is definitely not his right to institute policies that Congress did not authorize, nor change to his liking, nor ignore any parts he doesn't like. It is my opinion that Obama has regularly bypassed Congress to put in place policies that he knows full well are not authorized in law and he is therefore acting in an illegal manner.
Remember when Obama ignored existing bankruptcy laws to benefit the auto unions over the bondholders when GM and Chrysler were in deep trouble? That was in direct contravention of existing law, it was illegal. He decided not to enforce the DOMA law, which was passed by Congress by a very larg margin; he has no authority to decide which laws he will enforce and which he won't, and in fact has a Constitutional mandate to enforce ALL laws passed by Congress, that is his duty. Again, he acted in an unlawful manner, inconsistent with the basic moral foundations of this country. Recently, his Education Secretary issued policies to exempt states from the rules of the No Child Left Behind Act, even though there is no authority in the legislation to do that. This is an usurpation of power that does not belong to the executive branch, and is therefore unlawful.
These are not the only examples of a president who has regularly bypassed Congress because they didn't do what he wanted them to do. The man openly admits it, he has clearly stated he'll act if they don't. But it is not his duty to do that, we are not a monarchy or a dictatorship where one man decides the laws for everyone else. The office of the president has or is supposed to have limitations, but this president doesn't seem to appreciate that.
Remember when Obama ignored existing bankruptcy laws to benefit the auto unions over the bondholders when GM and Chrysler were in deep trouble? That was in direct contravention of existing law, it was illegal. He decided not to enforce the DOMA law, which was passed by Congress by a very larg margin; he has no authority to decide which laws he will enforce and which he won't, and in fact has a Constitutional mandate to enforce ALL laws passed by Congress, that is his duty. Again, he acted in an unlawful manner, inconsistent with the basic moral foundations of this country. Recently, his Education Secretary issued policies to exempt states from the rules of the No Child Left Behind Act, even though there is no authority in the legislation to do that. This is an usurpation of power that does not belong to the executive branch, and is therefore unlawful.
These are not the only examples of a president who has regularly bypassed Congress because they didn't do what he wanted them to do. The man openly admits it, he has clearly stated he'll act if they don't. But it is not his duty to do that, we are not a monarchy or a dictatorship where one man decides the laws for everyone else. The office of the president has or is supposed to have limitations, but this president doesn't seem to appreciate that.
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