In light of the Supreme Court decision to overturn Obama’s recess appointments by a 9-0 vote, several other executive actions by the president should come under scrutiny. For instance, Congress was unable to pass the Dream Act, but the president used an executive order to prevent deportation of illegals that would have qualified under the Dream Act. This in-your-face action clearly violated the Constitution and should have been challenged in the same manner as the recess appointment process. The executive branch is charged with enforcing the laws enacted by the legislature and should not be allowed to rule by fiat and change laws by discretion.
As a former constitutional professor, Obama should be aware of the legality of his actions and that his law interpretations are a reflection of the law school where he taught as well as the law school he attended. The Supreme Court vote of 9-0 on 13 different occasions confirms that the president is on the fringe with regard to his understanding of the Constitution.
His continued temper tantrums using executive orders to get his way could result in impeachment for failure to “faithfully execute” his oath of office, particularly after a change in party leadership in the Senate after the 2014 election. As the president is so fond of saying, “elections have consequences,” and only legislatively passed laws should exact change even though he is tired of waiting on Congress to act.
The legislatively passed Boland amendment was the basis of the Iran-Contra debacle that plagued the Reagan administration. During that time, Reagan didn’t simply write an executive order that disregarded the Boland amendment. However, this is exactly what this president is doing with his executive orders, undermining the will of Congress. This precedent being established now could become settled law that will allow executive orders that override Boland-like laws and should be a concern to the left. One set of rules for liberal presidents apply to conservative presidents as well. Otherwise, rather than trying to work within the system some will begin working outside of a system that no longer provides equal protection and application under the law.