August 9, 2021
|

Some observers have described what we’re living in now as a “post-Constitutional America.” Okay, we still technically HAVE a Constitution, and we can go to Washington, DC, and look at it under glass at the U.S. National Archives, but it gets ignored by the government so often that it feels as if we might as well not have one at all. It often seems the only people reading the Constitution these days are the ones looking for loopholes.

Never mind that during the 2020 campaign, Biden vowed to honor “the rule of law, our Constitution.” And never mind that he constantly trashed President Trump’s “assault on the rule of law.” Jonathan Turley has a new article about what Biden is actually doing in office to violate the Constitution and how the left cheers him on when he does it. Case in point: Biden’s extension, in a “knowingly invalid” way, of the moratorium on evictions.

https://thehill.com/opinion/judiciary/566836-canceling-the-constitution-biden-hailed-for-violating-rule-of-law?rl=1

Set aside for a moment the concern for those who can’t pay their rent --- there should be concern on both sides, for the lessees and the lessors, who in many cases are barely hanging on –- and take a look at this issue from the standpoint of the rule of law. That’s what the Supreme Court had to do a few weeks ago, when they ruled on the authority of the CDC (Centers for Disease Control) to impose such a moratorium. The CDC had argued that federal law gives them the authority to “make and enforce such regulations as in [its] judgment are necessary to prevent the introduction, transmission or spread of communicable diseases.”

(This seems like a good place to mention that if the Biden administration were really trying to prevent the introduction, transmission or spread of communicable diseases, they wouldn’t be welcoming in thousands of covid-infected immigrants at our southern border. But I digress.)

Anyway, Turley severely criticized the CDC’s argument, saying it would give that governmental agency “authority over huge swaths of our economy to avoid even the possibility of the ‘introduction’ or spread of a disease. It means that a Constitution designed to prevent tyranny and authoritarianism becomes largely irrelevant if you put on a white lab coat.”

In the case Alabama Association of Realtors v. Department of Health and Human Services, the Supreme Court ruled 5-4 that the moratorium could be kept in place but, according to Turley, “left no question that a majority of justices ultimately view the CDC order as unconstitutional.” Justices Thomas, Alito, Gorsuch and Barrett had wanted to suspend the moratorium immediately, to make it clear that it was beyond the CDC’s constitutional powers. The fifth vote to do that would have come from Brett Kavanaugh, but he decided that since the moratorium was set to expire soon, anyway, he would just allow it to expire in order to facilitate an “additional and more orderly distribution of the congressionally appropriated rental assistance.” It was an odd move, motivated, it seems, by practicality, but he was still agreeing with the minority on the larger point that this is supposed to be done only by act of Congress, not CDC order.

Most of even the most left-wing legal scholars who advise the Biden administration –- including Biden's own White House counsel –- said that giving the CDC this authority was unconstitutional. But Biden was not put off, and said he had found “several key scholars” who thought trying again with another order might “pass constitutional muster” and would be “worth the effort.”

The “several key scholars” are thought to be just one, actually: the unhinged, Trump-hating Harvard law weasel Laurence Tribe, whose superpower is being able to rationalize any abuse of office, no matter how objectionable, from packing the Supreme Court to spending billions under Obamacare without congressional approval to impeaching Trump as a racist and domestic terrorist. I am not kidding. If anyone reads the Constitution looking for loopholes, it’s him.

https://jonathanturley.org/2019/08/06/laurence-tribe-calls-for-the-impeachment-of-trump-as-a-terrorist-and-racist/

Tribe apparently assured Biden that even though the Court believed the original order by the CDC was unconstitutional, this would be a NEW, different order and thus would have to be ruled on again. So it would buy time for the CDC to do as Biden wanted and issue an other order before SCOTUS could rule on that one. It’s hard to imagine anything more disingenuous.

As Turley explains, “It is like being given a parole for stealing a BMW and then immediately stealing a a Lexus because it is a different car. The problem was the act, not the make of car.”

For doing this, Biden was praised by leftists for his strong leadership and “commitment to social justice,” even though his act put a few more frays and tears in the already-worn Constitution. He took an oath to preserve, protect and defend it, but he’s doing exactly what he said he wouldn’t do: use a pandemic as an excuse to abuse the law.

If Biden really wanted to help renters who still lack income, he could have done a lot for them without ripping at the Constitution and shelling out more mega-billions. How about using some of that great “leadership” ability to create conditions favorable to getting back to work and school and other normal activities? That would, OF COURSE, include closing the southern border to keep the spread of covid to a minimum and avoid undue strain on our medical facilities. But no.

Here's another example of the Biden administration trying to build up its own power by tearing down the Constitution: the relentless attack on former President Trump, meant to destroy him by any means necessary. John Eastman and John Yoo have written a good opinion piece about this for FOX NEWS.

https://www.foxnews.com/opinion/democrats-trump-presidency-constitution-eastman-yoo

This effort has been going on since he first became a candidate, but the latest encroachment is especially shocking: they’re intent on waiving Trump’s right to confidential communications with his closest aides while in office. Democrats who run House and Senate committees want to know everything in every conversation having to do with election fraud and have issued subpoenas to former Justice Department officials such as then-acting Attorney General Jeffrey Rosen, then-assistant Attorney General Jeffrey Clark, and U.S. Attorneys for Georgia and New York.

Under Article II of the Constitution, the Justice Department should be able to reject these demands, as the President has the right to obtain frank opinions from his principal officers. This has been very well established in the courts. In other words, butt out, Congress.

Eastman and Yoo write: “While Congress has the right to investigate the events leading to the terrible riot of January 6, it does not have a right to override the constitutional prerogatives of an independent branch of government.” Indeed, they say that if Congress gets away with this, they might just as easily force the Supreme Court justices to reveal their deliberations about election fraud cases. Why not?

If Biden’s “Justice” Department refuses to withdraw its waiver of executive privilege against President Trump, then Trump needs to fight back in court with everything he’s got, to protect that right for himself and future Presidents, such as the Republican one who will win in 2024.

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Comments 11-20 of 25

  • mike gaston

    08/09/2021 04:02 PM

    Thank you for explainning what's happing in our country. It's in zane .And Nobody seems to do anything about stopping it.

  • Donald Tygart

    08/09/2021 03:30 PM

    Might just be time to start taking names, comments made, dates of comments, and over all context said in - for use by the National Party PAC's in certain 'key' state elections over the next two cycles - just to see the result? Look to do what our opponents are doing - only with more heat - direction? With the exception of the lying and outright theft - do all else to gain change.

  • Sandra Thompson

    08/09/2021 03:19 PM

    Francis Scott Key, when told by the English the patriots could go free if they bowed to them on their knees, said that these patriots would rather die on their feet than on their knees under tyranny. We might have to make that choice. We're living in fear now that is only going to get worse, so America: On your feet or on your knees?

  • Sandra Thompson

    08/09/2021 03:11 PM

    That's why the powers that be snuck him in. Obama knew a patsy when he saw one. Of course he can't read The Constitution. This implies he can read (was almost bottom of his class in college.) It is my sincere hope that the staff, most likely immigrant, prepares the food without masks. That would surely take out 200-300. Sorry Lord, I have no mercy left for those people.

  • Christine Battaglio

    08/09/2021 03:05 PM

    I have repeatedly said that there is still so much potential for corruption in my state of Pennsylvania that I have no guarantee of accurate counts in 2022. You can be optimistic if you want, but I just received another email from my Democratic representative tellling me why he voted against the recent election bill and why Gov. Wolf was right to veto it. I have contacted my reps and senators and it makes no difference. Lots of luck in 2022 because I have lost faith in everything except God —who seems to be judging our nation right now as He judged Israel in the Bible.

  • Linda Pierce

    08/09/2021 03:04 PM

    Mr. Huckabee. First, thank you for your insight about these very sensitive subjects. I say sensitive because the left thinks they are open for non-Constitutional laws. Second, regarding this "order" that Biden has now insisted it should be that the moratorium on paying rent is only harming the people who cannot (in my opinion not willing) to pay their rent is ludicrous. No one seems to care about how it is effecting small LLCs with their investment nor the fact that this whole process is going to put an extra burden on those renters who have religiously paid their rent through Covid. Renters like me, who only have a limited income, pay our rent on time each month, but those who refuse to go back to work because the government will pay them to not work is so wrong for this country. What galls me the most is that Biden took this step unConstitutionally.
    These statements may not be how a "real writer" would put them but this so-called moratorium is going to kill my chances of staying in the rental property if it cannot be profitable for my landlord - a small businessman. I would be forced to live in some seedy part of town or end up with too many roommates, or both.

  • Mike Mays

    08/09/2021 03:00 PM

    Why is Biden’s betrayal of his oath of office (to protect and defend the Constitution) not an impeachable offense? If an oath is to mean anything, it must be enforced.

  • Vern Doria

    08/09/2021 02:43 PM

    In his oath of office, Biden swore to protect and defend the US Constitution. Since he is openly and obviously ignoring and therefore refusing to protect and defend it, he is in a state of high treason and is in an impeachable position.

  • Brenda Harris

    08/09/2021 02:26 PM

    This time in the Present soon be history is the most irresponsible, non law abiding, a president of the greatest country on earth given to Us by our God ,shreds the constitution like it’s non existent that a president of the free world would show the World that America is Not based on the constitution that has held us together for 243 yrs! No other country has lasted this long with a constitution cuz! We Use to reverence an respect what our forefathers fought so hard for,now! They stomp on it stomp on flag cheat in elections government Makes daily rules on mask or for that matter anything the left wants to Only destroy this God given country. It’s soo sad tears shed for our country cuz ppl Dt seem to care either. At least the Democrats if it’s wrong they vote yes to pass a bill for their party. Without a constitution an without abiding by it we will be like Rome fallen in 200 yrs! It’s like a Christian with out the Bible our light in this evil world . I cannot understand why ppl are so blinded even tho truth is out there . I absolutely love your posts your great understanding of what’s really going on an the real truth you bring . You are amongst the Fighters for our country! Jesus loves you an the whole world

  • Richard Farrar

    08/09/2021 02:25 PM

    With the unemployment benefits bolstered by first $600 and currently $300 weekly, most are making more than when employed, when they paid their rents. That leaves drugs- alcohol - guns (expressed as dramatic increase rise in gun sales) and new or newer vehicles. Along with some hitting the road to support BLM and ANTIFA "MSM/CNN's Mostly Peaceful Riots" on taxpayer dollars!

August 9, 2021
|

Some observers have described what we’re living in now as a “post-Constitutional America.” Okay, we still technically HAVE a Constitution, and we can go to Washington, DC, and look at it under glass at the U.S. National Archives, but it gets ignored by the government so often that it feels as if we might as well not have one at all. It often seems the only people reading the Constitution these days are the ones looking for loopholes.

Never mind that during the 2020 campaign, Biden vowed to honor “the rule of law, our Constitution.” And never mind that he constantly trashed President Trump’s “assault on the rule of law.” Jonathan Turley has a new article about what Biden is actually doing in office to violate the Constitution and how the left cheers him on when he does it. Case in point: Biden’s extension, in a “knowingly invalid” way, of the moratorium on evictions.

https://thehill.com/opinion/judiciary/566836-canceling-the-constitution-biden-hailed-for-violating-rule-of-law?rl=1

Set aside for a moment the concern for those who can’t pay their rent --- there should be concern on both sides, for the lessees and the lessors, who in many cases are barely hanging on –- and take a look at this issue from the standpoint of the rule of law. That’s what the Supreme Court had to do a few weeks ago, when they ruled on the authority of the CDC (Centers for Disease Control) to impose such a moratorium. The CDC had argued that federal law gives them the authority to “make and enforce such regulations as in [its] judgment are necessary to prevent the introduction, transmission or spread of communicable diseases.”

(This seems like a good place to mention that if the Biden administration were really trying to prevent the introduction, transmission or spread of communicable diseases, they wouldn’t be welcoming in thousands of covid-infected immigrants at our southern border. But I digress.)

Anyway, Turley severely criticized the CDC’s argument, saying it would give that governmental agency “authority over huge swaths of our economy to avoid even the possibility of the ‘introduction’ or spread of a disease. It means that a Constitution designed to prevent tyranny and authoritarianism becomes largely irrelevant if you put on a white lab coat.”

In the case Alabama Association of Realtors v. Department of Health and Human Services, the Supreme Court ruled 5-4 that the moratorium could be kept in place but, according to Turley, “left no question that a majority of justices ultimately view the CDC order as unconstitutional.” Justices Thomas, Alito, Gorsuch and Barrett had wanted to suspend the moratorium immediately, to make it clear that it was beyond the CDC’s constitutional powers. The fifth vote to do that would have come from Brett Kavanaugh, but he decided that since the moratorium was set to expire soon, anyway, he would just allow it to expire in order to facilitate an “additional and more orderly distribution of the congressionally appropriated rental assistance.” It was an odd move, motivated, it seems, by practicality, but he was still agreeing with the minority on the larger point that this is supposed to be done only by act of Congress, not CDC order.

Most of even the most left-wing legal scholars who advise the Biden administration –- including Biden's own White House counsel –- said that giving the CDC this authority was unconstitutional. But Biden was not put off, and said he had found “several key scholars” who thought trying again with another order might “pass constitutional muster” and would be “worth the effort.”

The “several key scholars” are thought to be just one, actually: the unhinged, Trump-hating Harvard law weasel Laurence Tribe, whose superpower is being able to rationalize any abuse of office, no matter how objectionable, from packing the Supreme Court to spending billions under Obamacare without congressional approval to impeaching Trump as a racist and domestic terrorist. I am not kidding. If anyone reads the Constitution looking for loopholes, it’s him.

https://jonathanturley.org/2019/08/06/laurence-tribe-calls-for-the-impeachment-of-trump-as-a-terrorist-and-racist/

Tribe apparently assured Biden that even though the Court believed the original order by the CDC was unconstitutional, this would be a NEW, different order and thus would have to be ruled on again. So it would buy time for the CDC to do as Biden wanted and issue an other order before SCOTUS could rule on that one. It’s hard to imagine anything more disingenuous.

As Turley explains, “It is like being given a parole for stealing a BMW and then immediately stealing a a Lexus because it is a different car. The problem was the act, not the make of car.”

For doing this, Biden was praised by leftists for his strong leadership and “commitment to social justice,” even though his act put a few more frays and tears in the already-worn Constitution. He took an oath to preserve, protect and defend it, but he’s doing exactly what he said he wouldn’t do: use a pandemic as an excuse to abuse the law.

If Biden really wanted to help renters who still lack income, he could have done a lot for them without ripping at the Constitution and shelling out more mega-billions. How about using some of that great “leadership” ability to create conditions favorable to getting back to work and school and other normal activities? That would, OF COURSE, include closing the southern border to keep the spread of covid to a minimum and avoid undue strain on our medical facilities. But no.

Here's another example of the Biden administration trying to build up its own power by tearing down the Constitution: the relentless attack on former President Trump, meant to destroy him by any means necessary. John Eastman and John Yoo have written a good opinion piece about this for FOX NEWS.

https://www.foxnews.com/opinion/democrats-trump-presidency-constitution-eastman-yoo

This effort has been going on since he first became a candidate, but the latest encroachment is especially shocking: they’re intent on waiving Trump’s right to confidential communications with his closest aides while in office. Democrats who run House and Senate committees want to know everything in every conversation having to do with election fraud and have issued subpoenas to former Justice Department officials such as then-acting Attorney General Jeffrey Rosen, then-assistant Attorney General Jeffrey Clark, and U.S. Attorneys for Georgia and New York.

Under Article II of the Constitution, the Justice Department should be able to reject these demands, as the President has the right to obtain frank opinions from his principal officers. This has been very well established in the courts. In other words, butt out, Congress.

Eastman and Yoo write: “While Congress has the right to investigate the events leading to the terrible riot of January 6, it does not have a right to override the constitutional prerogatives of an independent branch of government.” Indeed, they say that if Congress gets away with this, they might just as easily force the Supreme Court justices to reveal their deliberations about election fraud cases. Why not?

If Biden’s “Justice” Department refuses to withdraw its waiver of executive privilege against President Trump, then Trump needs to fight back in court with everything he’s got, to protect that right for himself and future Presidents, such as the Republican one who will win in 2024.

Leave a Comment

Note: Fields marked with an * are required.

Your Information
Your Comment
BBML accepted!
Captcha

Comments 11-20 of 25

  • mike gaston

    08/09/2021 04:02 PM

    Thank you for explainning what's happing in our country. It's in zane .And Nobody seems to do anything about stopping it.

  • Donald Tygart

    08/09/2021 03:30 PM

    Might just be time to start taking names, comments made, dates of comments, and over all context said in - for use by the National Party PAC's in certain 'key' state elections over the next two cycles - just to see the result? Look to do what our opponents are doing - only with more heat - direction? With the exception of the lying and outright theft - do all else to gain change.

  • Sandra Thompson

    08/09/2021 03:19 PM

    Francis Scott Key, when told by the English the patriots could go free if they bowed to them on their knees, said that these patriots would rather die on their feet than on their knees under tyranny. We might have to make that choice. We're living in fear now that is only going to get worse, so America: On your feet or on your knees?

  • Sandra Thompson

    08/09/2021 03:11 PM

    That's why the powers that be snuck him in. Obama knew a patsy when he saw one. Of course he can't read The Constitution. This implies he can read (was almost bottom of his class in college.) It is my sincere hope that the staff, most likely immigrant, prepares the food without masks. That would surely take out 200-300. Sorry Lord, I have no mercy left for those people.

  • Christine Battaglio

    08/09/2021 03:05 PM

    I have repeatedly said that there is still so much potential for corruption in my state of Pennsylvania that I have no guarantee of accurate counts in 2022. You can be optimistic if you want, but I just received another email from my Democratic representative tellling me why he voted against the recent election bill and why Gov. Wolf was right to veto it. I have contacted my reps and senators and it makes no difference. Lots of luck in 2022 because I have lost faith in everything except God —who seems to be judging our nation right now as He judged Israel in the Bible.

  • Linda Pierce

    08/09/2021 03:04 PM

    Mr. Huckabee. First, thank you for your insight about these very sensitive subjects. I say sensitive because the left thinks they are open for non-Constitutional laws. Second, regarding this "order" that Biden has now insisted it should be that the moratorium on paying rent is only harming the people who cannot (in my opinion not willing) to pay their rent is ludicrous. No one seems to care about how it is effecting small LLCs with their investment nor the fact that this whole process is going to put an extra burden on those renters who have religiously paid their rent through Covid. Renters like me, who only have a limited income, pay our rent on time each month, but those who refuse to go back to work because the government will pay them to not work is so wrong for this country. What galls me the most is that Biden took this step unConstitutionally.
    These statements may not be how a "real writer" would put them but this so-called moratorium is going to kill my chances of staying in the rental property if it cannot be profitable for my landlord - a small businessman. I would be forced to live in some seedy part of town or end up with too many roommates, or both.

  • Mike Mays

    08/09/2021 03:00 PM

    Why is Biden’s betrayal of his oath of office (to protect and defend the Constitution) not an impeachable offense? If an oath is to mean anything, it must be enforced.

  • Vern Doria

    08/09/2021 02:43 PM

    In his oath of office, Biden swore to protect and defend the US Constitution. Since he is openly and obviously ignoring and therefore refusing to protect and defend it, he is in a state of high treason and is in an impeachable position.

  • Brenda Harris

    08/09/2021 02:26 PM

    This time in the Present soon be history is the most irresponsible, non law abiding, a president of the greatest country on earth given to Us by our God ,shreds the constitution like it’s non existent that a president of the free world would show the World that America is Not based on the constitution that has held us together for 243 yrs! No other country has lasted this long with a constitution cuz! We Use to reverence an respect what our forefathers fought so hard for,now! They stomp on it stomp on flag cheat in elections government Makes daily rules on mask or for that matter anything the left wants to Only destroy this God given country. It’s soo sad tears shed for our country cuz ppl Dt seem to care either. At least the Democrats if it’s wrong they vote yes to pass a bill for their party. Without a constitution an without abiding by it we will be like Rome fallen in 200 yrs! It’s like a Christian with out the Bible our light in this evil world . I cannot understand why ppl are so blinded even tho truth is out there . I absolutely love your posts your great understanding of what’s really going on an the real truth you bring . You are amongst the Fighters for our country! Jesus loves you an the whole world

  • Richard Farrar

    08/09/2021 02:25 PM

    With the unemployment benefits bolstered by first $600 and currently $300 weekly, most are making more than when employed, when they paid their rents. That leaves drugs- alcohol - guns (expressed as dramatic increase rise in gun sales) and new or newer vehicles. Along with some hitting the road to support BLM and ANTIFA "MSM/CNN's Mostly Peaceful Riots" on taxpayer dollars!