Home Judge’s Opinions Is the President Incompetent or Lawless?

Is the President Incompetent or Lawless?

by Andrew P. Napolitano

It has been well established under the Constitution and throughout our history that the president's job as the chief federal law enforcement officer permits him to put his ideological stamp on the nature of the work done by the executive branch. The courts have characterized this stamp as "discretion."

Thus when exercising their discretion, some presidents veer toward authority, others toward freedom. John Adams prosecuted a congressman whose criticism brought him into disrepute, an act protected by the First Amendment yet punishable under the Alien and Sedition Acts, and Thomas Jefferson declined to enforce the Acts. . .

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