SNIP Obama going to ignore the law again?
Well,
of course he is. The law isn't self-enforcing. Some
body has to enforce it. It is very hard to enforce certain laws on or against the President.
He knows which he can bend, which he can break, and which ones he might not get away with violating.
Separately, I think the discussion about the constitution being interpretive is missing something.
The constitution is entirely open to interpretation. That is exactly how the fedgov has gotten away with its nonsense for years and years and years. There are too many "loopholes" in it that admit of various interpretations. And, there are not enough serious penalties against violators.
For example, the Supreme Court squeezed in "implied powers" long ago. So, now we've got express powers, delegated powers, and implied powers. Well, that implied powers doctrine really opened the door. But, where is the clause in the constitution that forbade implied powers? There isn't one. Woulda been nice.
Penalties against violators. If the Founders were really serious about checks and balances, they could have written some really strong stuff. For example, "Any President who starts military action against another country shall be removed from office immediately." Suitably polished up to allow defensive measures while Congress is in recess or whatever.
Or, for example, whenever a Congress borrows money except during an acute national emergeny, that Congress' subsequent acts--every single one--shall be without force. The Supreme Court shall have no authority to interpret any such act as binding. The President shall have no power to execute or enforce any such act. Unless passed by a later Congress and after the borrowed money has been paid by the yes-voting legislators themselves out of their own pockets. Any officer of any department who enforces such law on a citizen of the several States shall himself be open to suit for damages in the courts of the State wherein his crime is committed. And, no citizen shall be held to answer for using force to repel his unlawful actions.
Or, how about, "Congress shall have no power to delegate its authority to another entity. Any such delegation renders laws and regulations arising therefrom null. Any officer or employ who enforces such against any citizen of the several States..."
You see. There are not nearly enough limitations in the Constitution. The darn thing is wide open to interpretation. And has way, way too few mechanisms to enforce against violations.
Oh, noz! The fedgov would be neutered! Anarchy would reign! Yeah, yeah, yeah. Like all the state governments would vanish.