Don McGahn: Courts, Constitution Limit FEC’s Mission

What is the proper role for the FEC? Ornstein and his cohorts are offended that I am not enforcing the law as passed by Congress but instead as limited by the courts. Their half-cocked wisdom: Just ignore the Constitution and the courts. But contrary to this view, the FEC can only enforce the law to the extent permitted by the Constitution and the courts, regardless of what Congress might intend. This principle is as old as Marbury v. Madison. Were it otherwise, the president would have a line-item veto, and Members of Congress could be subject to term limits. And at the risk of being as dramatic as Ornstein, school systems across the country wouldn’t have had to integrate.