As Cato’s Neal McCluskey points out here, Obama has just decided to waive the No Child Left Behind Act for states that come up with plans for new educational programs — as long as he and his minions find them satisfactory.

There is no constitutional authority for Congress to legislate with regard to education, but there is also no constitutional authority for the president to decide what statutes he will “waive” (that is, decline to enforce).

Who knows what might fly out of this Pandora’s Box? Suppose that a future president decided to waive enforcement of Obamacare in states that formulated plans for alternatives to its innumerable mandates? Or suppose that a future president decided to waive the National Labor Relations Act in states that came up with plans for labor regulations that took away the coercive powers the NLRA gives to unions?