
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.









