The President's Oath: Enforcing Laws Passed by Congress
The role of the President in enforcing laws passed by Congress is a topic of significant public and political interest. While the President is constitutionally obligated to enforce such laws, the practical enforcement is subject to various constraints and political dynamics.
Legally and Legitimately Enforcing Laws
From a legal standpoint, the President is bound to enforce laws passed by Congress, in accordance with the Constitution's system of checks and balances. The President's duty to uphold the law is clearly defined in the oath of office, which states that the President 'will to the best of my Ability, preserve, protect and defend the Constitution of the United States.'
Within this framework, the President has the authority to direct federal law enforcement agencies to carry out or not to carry out certain laws. This power is exercised based on their interpretation of what is in the public interest and the constitutional limits of their authority.
Practical Challenges and Limitations
Unfortunately, the legislative branch often lacks the political will to hold the President accountable for refusing to enforce laws. This leaves room for the President to act with impunity. A historical example of this is the Trail of Tears. President Andrew Jackson ignored warnings that his actions violated US treaties, because Congress chose not to impeach him.
Striking a Balance
While it is constitutionally mandatory for the President to enforce all laws, in practice, it is impossible to enforce every single law. Laws are often operationalized through printed codes, which are developed by federal departments and reviewed by courts. This process ensures that the spirit of the law is upheld, albeit with some flexibility.
Sometimes, people attempt to skirt the intent of the law, leading to amendments and adjustments. Courts also play a crucial role in interpreting and enforcing laws, shaping the legal landscape over time with extensive rules and legal actions.
The Era of Trump and Legal Flexibility
Under the presidency of Donald Trump, the concept of legal flexibility came to the forefront with the slogan 'MAGA' (Make America Great Again). This philosophy often manifested as 'legal for me, but not for thee,' a phrase that symbolized a certain legal arbitrariness. Critics would complain loudly about laws being enforced, but this did not absolve the President from their duty to enforce all laws.
No matter the political stance or public sentiment, the President must ensure that laws are enforced, even when enforcing them can take time. For example, actions like a father raping a daughter or murdering children at the border are strictly illegal. These instances highlight the President's responsibility and the importance of upholding the rule of law, even when it is difficult or unpopular.
Ultimately, the President serves as a bridge between the legislative and executive branches, balancing the need for effective governance with the constitutional requirement to uphold the law.