Obama's Legacy: Lawbreaker Or Law-Abiding?

There are several allegations that former US President Barack Obama broke the law during his two terms in office. These include accusations of wiretapping, violating the Constitution and the War Powers Act, and breaching the Logan Act. Obama has also been criticised for his handling of the CIA's torture program and for his use of executive orders and memorandums to take action without congressional approval. While some of these allegations remain disputed, they have sparked debates about the appropriate range of executive discretion and the role of the president in upholding the rule of law.

Obama's constitutional overreach on immigration

The Obama administration's immigration policies have been described as an "unconstitutional power grab" and an "abdication of his constitutional responsibility to faithfully execute the laws". Obama's immigration policies have been described as "unilaterally" changing the law, and "rewriting the laws when he can't convince Congress to change them to match his personal taste".

Obama's immigration policies have been compared to those of previous presidents, including Reagan, Bush, Clinton, and George W. Bush. However, Obama's policies have been described as "unprecedented" in scale, and as creating a "new class" of immigrants.

The Obama administration's immigration policies have been described as "unconstitutional" and "unlawful", and as violating the "separation of powers". Obama's policies have been described as "dangerous" and as setting a "dangerous precedent", threatening to "unravel our system of checks and balances".

Obama's immigration policies have been described as "lawless" and as an attempt to "illegitimately take over the presidency". Obama has been accused of "urging senators not to repeal Obamacare without Trump's knowledge" and of "following Trump to the G20 Summit in Germany". Obama has also been accused of "holding secret meetings with world leaders".

Obama's immigration policies have been described as a "violation of his constitutional obligation to take care that the laws be faithfully executed". Obama has been accused of "suspending the enforcement of our immigration laws" and of "consciously and expressly adopt[ing] a general policy that is so extreme as to amount to an abdication of his statutory responsibilities".

Obama's immigration policies have been described as a "clear violation of his constitutional responsibility" and as "driving full speed ahead to a constitutional crisis". Obama has been accused of "entering the realm of rewriting the laws" and of "acting lawlessly and assuming legislative power".

Obama's immigration policies have been described as "tilting the scales of our three-branch government in his favor" and as "threatening to unravel our system of checks and balances". Obama has been accused of "making his relationship with Congress increasingly toxic" and of "making it more difficult for Congress to pass legislation to reform our broken immigration system".

In conclusion, Obama's immigration policies have been described as an unconstitutional overreach, and as threatening the foundations of American democracy. Obama's policies have been compared to those of previous presidents, but have been described as unprecedented in scale and effect. Obama's policies have been described as unlawful and unconstitutional, and as threatening the separation of powers and the system of checks and balances. Obama has been accused of acting unilaterally and lawlessly, and of attempting to illegitimately take over the presidency. Obama's policies have been described as a clear violation of his constitutional responsibilities, and as driving the country towards a constitutional crisis.

Obama's alleged lawlessness

There have been several accusations of lawlessness against former US President Barack Obama. However, there is little evidence to support these claims.

One of the most prominent allegations is that Obama broke federal law in an attempt to reclaim the presidency from Donald Trump. This claim was deemed false by PolitiFact, which found no evidence that Obama tried to overthrow the current president.

Another allegation is that Obama abused his power by issuing waivers to the No Child Left Behind Act and the Welfare Reform Bill, which were so broad that they effectively rewrote the laws. Lamar Smith, a former Chairman of the House Judiciary Committee, also accused Obama of ignoring the Senate's constitutional role in the appointment process and concealing the truth about the Fast and Furious scandal.

In addition, Obama was accused of urging senators not to repeal Obamacare without Trump's knowledge and of following Trump to the G20 Summit in Germany in 2017. However, Obama's spokesperson denied these claims, stating that he did not attend the event nor was he in Germany at the time.

Furthermore, it has been alleged that Obama met with world leaders secretly, which would be considered illegal under the Logan Act. However, these meetings were part of a longstanding tradition of former presidents traveling overseas to attract donations and support for their foundations, libraries, and presidential centers.

Despite these accusations, there is no evidence that Obama broke any laws during his time in office or attempted to illegitimately reclaim the presidency.

Obama's executive discretion

There were no reports of former US President Barack Obama breaking any federal laws during his tenure as president. However, Obama's use of executive discretion was criticised by some, who argued that he altered congressionally mandated policies and exercised what is referred to as a "second veto".

Obama's use of executive discretion was particularly notable in the following areas:

• The Affordable Care Act (ACA): Obama delayed the enforcement of certain requirements for health insurance and employers' coverage obligations.
• Welfare reform: He altered the work requirements of the 1996 welfare reform.
• Education: Obama made changes to the compliance requirements of the No Child Left Behind education law.
• Drug policy: He made changes to the enforcement of marijuana possession and the prosecution of drug crimes with mandatory minimum sentences.
• Immigration: Obama altered the enforcement of immigration laws pertaining to some young people.

Some Republicans argued that Obama's aggressive assertion of enforcement discretion was an anti-constitutional impatience arising from his vanity. They saw it as an attempt to bypass the system of separated powers and ratify his policy preferences.

It is important to note that the use of executive discretion by presidents is not uncommon, and it has become a "nearly irresistible temptation" due to the courts' abandonment of judicial review, which limits Congress's power to delegate powers to the executive branch. However, critics worry that this could establish "a new constitutional norm of unbounded executive discretion".

Obama's visit to 10 Downing Street

On Monday, 18 March 2024, former US President Barack Obama paid a surprise 'courtesy' visit to 10 Downing Street to meet UK Prime Minister Rishi Sunak. Obama, who served as president from 2009 to 2017, arrived in the UK to discuss the work of the Obama Foundation, his non-profit organisation.

Obama walked up to the famous street shortly after 3 pm, waving to the press as he entered No. 10. He was in London for a meeting of the Obama Foundation, which oversees a scholarship programme and other initiatives. The foundation also aims to "help people turn hope into action—to inspire, empower, and connect them to change their world".

Downing Street later said that the pair spoke for around an hour over cups of tea. They discussed a range of subjects, including one of the prime minister's favourite topics, artificial intelligence. The two held what were understood to be largely one-on-one discussions in the prime minister's study. Obama briefly paused at the door of No 10 to wave to the cameras but no photos were released from what Downing Street said was a private meeting.

As Obama left Downing Street in the company of the US ambassador to the UK, Jane D Hartley, he was asked by the media for his opinion on the state of Russian democracy. He replied: "I'm tempted!"

The former president later met the Labour leader, Keir Starmer.

Obama previously visited Downing Street in April 2016 when David Cameron was prime minister.

Obama's support for warrantless wiretapping

On December 31, 2012, President Barack Obama signed the extension of the Foreign Intelligence Surveillance Act (FISA) bill into law. The FISA bill allows the government to tap into American citizens' communications with individuals outside the U.S. without a warrant, as long as it is done in the name of collecting foreign intelligence. This means that government entities such as the National Security Agency (NSA) can monitor Americans without probable cause. They only need an order from the secret FISA court, and they are not required to notify the targeted citizen before the wiretapping.

Obama's decision to sign the FISA bill into law sparked criticism from various groups, including the Electronic Frontier Foundation (EFF), which protects people's digital rights, and civil libertarians. Obama had previously pledged to block bills that granted retroactive immunity to telecommunications companies, but he backtracked on this promise after winning the Democratic nomination. This change in position led to disappointment and criticism from some of his supporters, who felt betrayed by his decision to support greater government surveillance powers.

Despite the concerns raised by some, Obama defended his support for the FISA bill, stating that such measures were necessary for national security. However, there are still questions and concerns regarding the lack of transparency and accountability surrounding the warrantless wiretapping program. The Obama administration has opposed proposed safeguards and amendments to the FISA bill, which aim to increase transparency and protect citizens' privacy.

In addition, the Obama administration has continued the practice of invoking the 'state secrets' privilege to prevent meaningful review by the courts. This has made it difficult to challenge the constitutionality of the warrantless wiretapping program and has raised concerns about potential violations of citizens' Fourth Amendment rights.

Frequently asked questions