Are you suggesting an authority higher than Congress? Care to expand this concept?
Some of what Congress passes as law is what many consider plainly unconstitutional. The President has a duty to execute the laws
according to the Constitution - if a law is plainly unconstitutional, the Executive branch cannot execute that law in good faith. The question then is: what of laws that were signed by a prior President, and are in effect?
Examples:
- W. signed McCain-Feingold (flat prohibition of political speech) with the full expectation that it would be overturned by SCOTUS. IMHO, he did so just to get the whole issue resolved and done away with. Unfortunately, we're stuck with it now. It's plainly unconstitutional, and SCOTUS won't overturn it until they see a better case, which could be a while.
- Regan signed the prohibition of machineguns 922(o). Indications are he, and much of Congress, was blindsided by it and didn't realize what was being signed; considering the subject matter and the supporting legislation, few cared to sufficiently oppose it.
Strictly speaking, these laws can't be executed. "Shall not restrict freedom of the press" is simply incompatable with "shall shut up everyone except elite media 2 months before an election"; "shall not be infringed" is simply incompatable with "soldiers can have M4s, but not citizens".
Bad law exists. It's not going away until Congress revokes it, SCOTUS overturns it, or the President neglects it.
My suggestion is that, as President (which ain't happening 'cuz I'd tick off too many people), I would form a commission to wade through the entire US Code to identify plainly unconstitutional law (a hard task, given the obfuscation), identify those laws as unexecutable because doing so would violate higher laws (Constitution), refuse to execute it (because they can't and shouldn't be executed), and let someone who actually cares enough about that law to file suit explaining why it can and should be executed.
Just because Congress and a prior President enacted the impossible doesn't mean the sitting President has to do it.