Sen. Ted Cruz (AP Photo/J. Scott Applewhite)

– When asked by CNSNews.com whether President Barack Obama has the constitutional authority to act on climate change without congressional approval, Sen. Ted Cruz (R-Texas) said that Obama’s disregard for the Constitution “threatens the liberty of every American.”

“Over and over again this president has disregarded the law, has disregarded the Constitution and has asserted presidential power that simply doesn’t exist and that ought to worry regardless of whether you agree with his policies or not,” Cruz said ahead of Obama’s State of the Union address on Tuesday at the Capitol.

“If the president has the power to pick and choose which laws to follow that weakens the checks and balances of our Constitution and it fundamentally threatens the liberty of every American,” Cruz said.

Cruz did not answer the question about climate change directly, saying he would “wait and see” what the president says in his State of the Union address.

The Obama administration has said the president will use executive orders to advance his agenda if Congress does not act. Obama is expected to speak about his plans to sign one of those orders to increase the minimum wage from $7.25 to $10.10 for future federal contractors in his speech tonight.