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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.

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.

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.

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 1-10 of 25

  • Phyllis McCoy

    08/16/2021 09:57 PM

    Quite a long time ago I first heard from a progressive left how great it was to have a "living Constitution." I was horrified then, but thought it was just some phase that side was going through. Nope! Not a phase, is it? They're still hard at work at that and have even more followers and these followers, obviously, can NOT think for common sense!

  • Richard Borgquist

    08/16/2021 09:18 AM

    Maybe you can use some standard lablels for the two infrasture bills:
    1.5 T & 3.5 T [Trillion].
    Little Boondoggle and Big Boondoggle.

  • Linda Olds

    08/16/2021 01:39 AM

    I am not just disgusted at everything Biden (and the left) is doing.
    I am disgusted that even conservative news outlets continue to claim that Biden is the legal president. There is overwhelming evidence of massive election fraud. The refusal of the left to even allow anyone to say that there may have been fraud or to investigate it, pretty much proves the fraud.

  • Terry Andrews

    08/15/2021 04:05 PM

    I enjoy your email’s but could do without these on Sunday’s

  • Chahla Lemaire

    08/15/2021 03:13 PM

    Thank you for your always wise comments of everything USA
    ….i am disgusted by how Biden Administration is shredding the entire constitution and nobody is able to stop him.
    This is not the America I knew and loved and chose as my country
    So sad


    08/15/2021 03:12 PM

    I really appreciate the Huckabee newsletters. They are great. Keep up te good work!

  • LA Huston

    08/11/2021 06:05 AM

    I am so disgusted. Yes, we need infrastructure BUT….
    Please re-list everyone of those RINO’S who voted “yes” for that crippling bill knowing full well that an even bigger one was coming next and encourage people to vote EVERYONE OF THEM OUT OF OFFICE. They are traitors to the people. False whiners, time and money lost.

  • Joyce Kanlan

    08/09/2021 11:55 PM

    Simply, abuse of power& FAILURE to uphold our Constitution, our Laws, supporting defending protecting its LEGAL CITIZENS I say, IMPEACH ASAP, not pussyfooting around! Just DO IT already! Then, Harris, Pelosi, Schumer & down the Marxist socialist communist democrat line of TRAITORS.

  • Ed Thompson

    08/09/2021 05:41 PM

    The Constitution is written in long hand so maybe those liberals were never taught how to read anything written like that, I mean after all, education is their passion and teaching anything so useless as reading and writing and real arithmetic is verboten comrade!! You must comply or be “woke” (wok”? ) and made examples of!! Ah yes, Democrats— the party of love and peace and acceptance— as long as you comply and abide by the rules!! Laws?? There for everyone else!

  • Corbin L Douthitt

    08/09/2021 05:16 PM

    Re: Constitution. The original document is almost faded away. Just as our dedication to it is fading away. I suspect, that when it has faded away entirely- no one will remember what it says or worse, what it means. I tried to explain "God given rights" to a Canadian... it didn't go well. He was too well indoctrinated.