The Obama administration announced last month via blog post that the president was unilaterally suspending ObamaCare’s employer mandate—notwithstanding the clear command of the law. President Obama’s comments about it on Aug. 9—claiming that “the normal thing [he] would prefer to do” is seek a “change to the law”—then added insult to constitutional injury. It also offers a sharp contrast with a different president who also suspended the law.
On April 27, 1861, President Lincoln unilaterally authorized his commanding general to suspend the writ of habeas corpus so that he could detain dangerous rebels in the early days of the Civil War. Lincoln’s order was constitutionally questionable. The Constitution provides that “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”