President Biden Does His Andrew Jackson Impression, And It Is Not Becoming

Andrew-Jackson

President Jackson is quoted as saying, after learning of his rebuke by the U.S. Supreme Court in Worcester v. Georgia, “John Marshall has made his decision; now let him enforce it.” That was “King Andy,” though and through, whether he actually said it or not. Jackson’s contempt for the ruling, which supported Native American sovereignty, contributed to its violation by other courts and Georgia laid the groundwork for the unlawful removal of Cherokees from the state in what became know as “The Trial of Tears.” Jackson did some important things as President, and has a strong argument as a great one, but his willingness to violate the Constitution when it suited his convictions is hard to justify, even when his desired end seemed to be worth his illegal means. Jackson (a Democrat) was Donald Trump’s favorite President, but it is Joe Biden who is openly channeling him now. The difference is that few Democrats, mainstream media journalists and pundits are screaming that Joe is a threat to Democracy. Yet what he is doing really is such a threat.

This spring, a court struck down the nationwide eviction moratorium adopted by the Trump administration last September at the height of the pandemic lockdown, ruling that the Centers for Disease Control and Prevention had no statutory authority to extend it. The case was appealed, and five justices of the Supreme Court signaled that they agreed with the lower court as they simultaneously voted to allow the eviction freeze to stand because it was set to expire just a few weeks later, on July 31, anyway. Any fair reading of the opinions make it clear that the SCOTUS majority holds that the eviction freeze cannot continue beyond that date without an act of Congress.

Never mind! President Biden announced his support for extending the eviction moratorium, unconstitutional or not. It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional. Though he acknowledged that his administration’s legal experts overwhelmingly told him that any extension would violate the Constitution, he said it was worth extending the moratorium because it would take time for a court to intervene, giving his administration time to “get $45 billion dollars out to people who are in fact behind on the rent and don’t have the money”despite the lack of constitutional authority to do so. In other words, they would have time to break the law before they had to stop.

Nice. President Biden took the Oath of office when he was sworn in:

I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

The oath does not include an exception for unconstitutional acts that many members of the public or leceted officials might be “for the greater good.” The Constitution doesn’t work that way, much as progressive who want to gut the Supreme Court and the rule of law wish it would. Deliberately violating the Constitution, the law of the land, is a high crime and misdemeanor worthy of impeachment, unlike the imaginary offenses that Democrats impeached Donald Trump for twice.

What’s going on here? Oh, just the usual: the Democratic President doing exactly what he and his party accused the Republican President of doing while claiming that he was a threat to democracy. The embrace of a convenient double standard and the emulation or totalitarian regimes. Professor Turley pronounces himself “astonished” at Biden’s direct defiance of SCOTUS, yet almost in the same metaphorical breath, he writes, “Biden came to office declaring a return to the “rule of law” but has actually racked up an impressive array of court losses.  Now he is treating a presumptively unconstitutional act as a purely tactical consideration to allow the spending of federal funds.”

Correctly, Turley flags this as another IIPTDXTTNMIAFB in Ethics Alarms terms, or “Imagine if President Trump did X that the news media is accepting from Biden.He writes, “Imagine if a Republican president announced that he was told that an order on drilling or subsidizing a religious organization was unconstitutional but would use litigation to get the money out before a court could intervene. The hue and cry in the media and from law schools would be deafening.”

Indeed it would. A far less reserved legal commentator, the often brilliant and acid-penned Scott Greenfield, does not mince words nor hide his disgust:

In the face of an expired moratorium, a recessed Congress, Rep. Cori Bush embarrassing the administration by sleeping on the Capital steps and a formerly-respected Harvard law professor who spent the past four years disgracing himself with absurd legalish claims, but who now manufactured a nonsensical theory to distinguish a new moratorium from the clearly illegal one worthy of Rudy Giuliani’s and the Krakens, Biden and the White House shut their eyes tight and dove off the ledge. President Biden knew it. He knew it was a crackpot scheme backed by extremely motivated believers desperately seeking an excuse to rationalize why torture of enemy combatants an eviction moratorium was constitutional. He knew it but he just didn’t care. The position appears to be that, even though he knows it’s unlawful, this is the outcome he wants and he will do it for as long as he can get away with it. Others who similarly want this outcome tout the rationalizations used to justify it. But the permutations of an executive branch unconstrained by law or Constitution should be obvious. After four years of a president whose every move, lawful or flagrantly unlawful as happened regularly, was ripped to shreds, his replacement is demonstrating that he’s no less inclined to break the law to accomplish the outcomes he prefers, or at least the outcomes he feels he must achieve to avoid being burned at the stake by his own party. And the same people who screamed constantly about how awful Trump was are now apologists for Biden. It’s not that they were against a lawless dictator. It’s that they want the dictator to be their dictator.

Bravo. Both Turley and Greenfield are Democrats and members of a profession, the law (and in Turley’s case, academia as well, that has abandoned integrity for blind partisanship. They, and a handful of others, prove that there are exceptions, and all citizens should cherish them.

11 thoughts on “President Biden Does His Andrew Jackson Impression, And It Is Not Becoming

  1. This is the greatest and most damning evidence that the Dems’ constantly crowing about Trump violating the Constitution was pure projection.

    For a while there, a Dem talking point encouraged people to virtue signal by saying, “I support the Constitution,” like saying “Black Lives Matter” or “I believe in Science.” A now former long time friend of mine blasted me for daring to think Trump was doing a lot of good things by saying, “When I joined the Navy, I took an oath to uphold the Constitution!” Oh, spare me, would you?

    This guy Ron Klain is running the country right now.

    • If Justice Roberts had any, er, backbone, the court would strike down the extension sua sponte. If the Dems considered his doing so creating a constitutional crisis, so be it.

  2. Imagine a known thief walking through a neighborhood, telling the next neighbor on his list, “I’m going to knock over your house tonight”, because the thief has friends in the legislature that he hopes will change the laws on breaking and entering before the police get to him.

  3. We are fast becoming the Roman Republic during Julius Caesar’s day.

    Remember, and I’m staring at all the COWARD leftists who ran from this blog, we were *screamed* at for four years about how tyrannical and destructive Trump was at every turn. And we warned you for four years that nothing he was doing was even remotely as egregious as the claims being made.

    We mentioned how every single time a democrat accuses a republican of bad behavior, it’s because the democrats are either already doing it or were planning on doing it soon.

    We’ve endured watching the media, in collusion with the democrat party, in collusion with big business and big education and big law, slowly and incrementally redefine half the nation (the half that espouses actual American values) as evil, terroristic, devils worthy of violence.

    Well, we know history and we know what happens to those on the “outs” under actual tyrannical regimes and I’m curious when the tipping point will be before preemptive violence begins because enough people don’t want to wait until the actual bad guys are fully in charge and unstoppable state sanctioned violence begins?

  4. These egregious political hacks have absolutely no respect for the United States Constitution or the United States Supreme Court. They are INTENTIONALLY and KNOWINGLY violating the United States Constitution and in the process INTENTIONALLY undermining the validity of the United States Supreme Court.

    This cannot stand!

    Modern day SJW’s hate the United States of America, yes they literally hate (feel intense or passionate dislike for) the USA. They hate that the 1st Amendment applies to everyone, they hate ethical journalism, they hate the concept of innocent until proven guilty, they hate the justice system and anyone or anything that supports it, they hate civility, they hate the police, they hate anyone that opposes their ideology, they hate a Constitution that dares to allow others to oppose their ideology, they hate that our basic freedoms allow some people to make more money than others, they hate that their opposition has any rights, they believe in rights for me but not for thee, they hate the fact that equal opportunity doesn’t equate to equal outcomes, they hate our system of education, they hate that all our history (both good and bad) make us what we are today, they hate, Hate, HATE. Their hate is a malignant cancer to our society, our way of life i.e. our culture, and our country and their anti-American ideology viewpoints are growing across the entire spectrum of our society. Remember Obama’s words calling “progressive” activists to action during his Presidential campaign in 2008, “Change will not come if we wait for some other person or some other time. We are the ones we’ve been waiting for. We are the change that we seek.”, well here we have it SJW’s want to fundamentally change the USA and they are doing everything they can to implement their irrational social changes. So-called “progressives” and SJW’s ideology is an enemy to everything that makes the USA what it is, both the ideology and those that push it are an enemy of the people.

    Social Justice Warriors: The 21st Century Scourge

  5. A tangent: why are we giving $45 billion to renters who are behind on their payments, with no mechanism to enforce that they actually pay their back rent with that money? They can’t be evicted, so why pass the money along to the landlord, when you can just as easily spend it on yourself?

    If we’re going to spend this money, shouldn’t we give it directly to the property owners, so they don’t fall behind on mortgage payments or taxes? The tenants are not the ones being hurt by the no-eviction policy, the landlords are.

      • But this moratorium nonsense started under the Trump administration.

        The question is, who benefits from this in the long run? Well, small landlords who may have only a handful of properties will likely be broken by this, and have to sell at least some, perhaps all, of their rental properties to stay above water. Recall that a big story a short while ago was how investment firms like Blackrock were buying up houses. Seems like this is a perfect way to funnel even more wealth and property to well-connected cronies, while pretending it’s about helping the “little guy” who just needs a little help paying the rent… The use of the pandemic to force policies that destroy small businesses while benefiting big business is one of the most destructive, least mentioned aspects of this whole mess.

        • I don’t disagree with your comment and, yes, this started under Trump. But, remember, the Trump Administration shut down everything, which clearly meant that people depending on their paychecks were unable to pay their rent, the mortgages, their utilities. I generally government handouts but in this instance, the government created the problem and had to do something to fix it. The problem is that the money was sent to the states, who were to disburse it to local governments for assistance. As with anything, when the feds issue $1 billion in grants/loans/assistance to the states, there are “fees” that get siphoned off at the state level, then at that county level, then at the city level, so that $1 billion results in a lot less actually being disbursed to the target programs.

          jvb

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