Thursday, August 5, 2021

Attack on the Constitution

 From The National Review:

None of this is to even speak of the tremendous abuse of power inherent in the underlying eviction moratorium itself. Biden’s new 19-page order includes draconian penalties, fines, and potential jail time for violating a concocted “law.” Forget that it’s terrible public policy, it is also, as I noted when it was first issued by the Trump administration, state-sanctioned theft. At best, such an “emergency” infringement should be left to state and local municipalities. Does anyone really believe that the Founders would approve of the CDC — an incompetent agency tasked with dealing with infectious diseases — retroactively ripping up millions of legal contracts and unilaterally suspending the property rights of 90 percent of landlords? If it can do that, what can’t it do?

Some have argued that Trump’s reappropriation of funding for a southern wall or Obama’s power grab on DACA paved the way for this kind executive abuse. But neither the wall nor DACA policies had yet been adjudicated by higher courts when they were put into play. Obama had, on numerous occasions, admitted that he had no constitutional authority to enact amnesty for millions of Americans by fiat. In 2010, he said, “I am not king. I can’t do these things just by myself.” The next year he again acknowledged that as president he was not empowered to “just bypass Congress and change the law myself. . . . That’s not how a democracy works.” Obama, of course, didn’t believe in any such limitations, and he went ahead with DACA anyway. Yet not even he enacted the executive action after the Supreme Court ruled it unconstitutional. That is unique. (Read more.)
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