Actually they can and have. When convenient of course. Obama famously took ruling by executive fiat to a whole new level (in addition to all the illegal and unc

Actually they can and have. When convenient of course. Obama famously took ruling by executive fiat to a whole new level (in addition to all the illegal and unconstitutional actions he undertook). In fact he was constitutional law professor at one point so he of all the Presidents should have known better on the illegality of his actions: POSNER: Well, the most distinctive and interesting innovation by President Obama has been to use a power that people don’t talk about much, sometimes called prosecutorial discretion, sometimes called enforcement power. So the idea, in the original Constitution, was that Congress passes the law and the president enforces them. But it turns out — and people understood it at the time — but it turns out that the president— what does it mean for the president to enforce the laws? Maybe he doesn’t, then what happens? And there’s a clause in the Constitution called the Take Care Clause, which says well you’ve got to enforce the laws. But there’s also the Executive Power Clause, which seems to say, well you have discretion. And this whole idea of the executive as being an independent branch suggests that the president has discretion. https://freakonomics.com/podcast/u-s-presidency-become-dictatorship/ https://freakonomics.com/podcast/u-s-presidency-become-dicta... ————— https://www.nytimes.com%2F2016%2F08%2F14%2Fus%2Fpolitics%2Fobama-era-legacy-regulation.html&usg=AOvVaw0ujBOCjQ_acNIeatB-yE4z https://www.nytimes.com%2F2016%2F08%2F14%2Fus%2Fpolitics%2Fo... https://www.courant.com/opinion/hc-op-george-will-obama-changes-laws-when-he-feels-20130815-column.html https://www.courant.com/opinion/hc-op-george-will-obama-chan...