August 7, 2021

Democrats Applaud Biden’s Unconstitutional Act

It’s not often a president of the United States admits he’s affirmatively violating his sworn duty to uphold the Constitution.

Is a president of the United States flagrantly defying the Constitution an authoritarian act? A threat to democracy? Something that at least should be discouraged or frowned upon?

Judging by the reaction of Democrats and center-left commentators to the lawless last-minute decision of President Joe Biden’s CDC to extend an eviction moratorium sure to be struck down in the courts, the answer is emphatically “no.”

At the same time, we are constantly being told that, say, a Texas election bill to prohibit drive-thru voting or Tucker Carlson’s latest monologue represents dire democratic backsliding, almost none of Biden’s allies are raising a peep against a measure that represents exactly the sort of highhanded unilateral rule practiced by authoritarians everywhere.

Indeed, Biden’s handiwork is being celebrated. What can he do as follow-up? Suspend habeas corpus? Quarter troops in people’s homes?

Biden’s move is of a piece with similar executive power grabs by his immediate predecessors. That doesn’t make it any better, in fact, it makes it worse. It means that executive lawlessness is becoming an ingrained part of our system. In its own right, Biden’s move is especially egregious.

Trump initially issued an eviction moratorium and the Centers for Disease Control and Prevention followed up with its own moratorium and extensions, even while suffering setbacks in the courts.

There was never any warrant for any of this. The U.S. Court of Appeals for the Sixth Circuit wrote that the legal theory the government advanced would “grant the CDC director near-dictatorial power.”

At the Supreme Court, there were four votes for blocking the moratorium right away. While Brett Kavanaugh wanted to let the moratorium lapse on its own, he stipulated that “clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”

Ah, yes — congressional authorization. What a groundbreaking concept.

This is how American democracy is supposed to work — if you have the votes to pass something through the House and Senate, and the president signs it, the measure becomes law (assuming it’s not unconstitutional). If you don’t have the votes, it doesn’t become law.

Given all the discussion lately about how our democracy may be entering its death throes, one would expect there’d be a renewed attachment to this part of the democratic process.

Even the White House briefly seemed on board. “In light of the Supreme Court’s ruling,” White House press secretary Jen Psaki said last week, “the president calls on Congress to extend the eviction moratorium.”

Then, a funny thing happened: Nothing.

According to news reports, roughly a dozen of House Speaker Nancy Pelosi’s own colleagues opposed an extension. So, a majority of the people’s representatives were against it — democracy had spoken.

That should have been the end of it, especially given that the White House said it had searched for a legal justification for an exemption and found none.

When Biden reversed course and had the CDC issue another extension, he was, incredibly enough, explicit that “the bulk of the constitutional scholars say it’s not likely to pass constitutional muster.”

It’s not often a president of the United States admits he’s affirmatively violating his sworn duty to uphold the Constitution, but Biden did it — and got fulsome praise from congressional leaders of his own party.

Even though they have custody of the branch of government that is supposed to pass laws, Chuck Schumer and Pelosi were absolutely delighted that the head of the executive branch had, once again, effectively passed one on his own.

The true test of devotion to our system is if public officials honor it even when it produces unwelcome outcomes, or whether they try to find extra-legal workarounds. Trump abysmally failed this test after the last election, and Democrats — as they did under Obama — are showing they are fine with unconstitutional governance so long as it produces their preferred results.

Remember that during their next lecture about how to protect American democracy.

© 2021 by King Features Syndicate

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.