Comment Re:lol Bush.Lincoln, Roosevelt. Obama unilaterally (Score 2) 383
One thing is new - presidents in the past have left Congress out of the decision making, but the didn't tend to flatly defy Congress, declaring that they have chosen to ignore the law and write their own.
I don't think ignoring Congress is new. This quote may be apocryphal but Jackson's actions, or lack of, aren't. "John Marshall has made his decision; now let him enforce it!". An easy recent target is this. Personally, my humble opinion is that the Executive Branch does have the authority to not enforce a law. However, I do not believe the Executive Branch has the authority to enforce a law that doesn't exist. I say this with trepidation but I think the Executive Branch should only act under approval from Congress (and presumably the Supreme Court), but inaction should ultimately be at the discretion of the Executive Branch. It's one thing for the President not to choose to invade Colorado over Federal drug laws and another to invade Colorado and bust up Coors because the Executive Branch decides alcohol should be banned.