You’ll be shocked to hear Bill O’Reilly characterize a lawless regulation as a “loophole.” Krauthammer explains that regulating something into being, after Congress has refused to pass it into law, is unconstitutional. Without using the word “lawless,” Krauthammer is saying doing so is wrong. The President is bypassing Congress. At about 4:50-in Krauthammer says, under our Constitution, “Executive [president] executes the laws Congress has passed. It should not execute laws Congress has not passed,” then O’Reilly remarks that it is a “loophole.” Actually “treason” is a better fit.” Here’s a question: Can’t Congress do something about this? Declare it illegal? Surely they can do something!
Krauthammer: Changing America Through Regulation, Not Law (video)