Comment: Biden and Trump share a dangerous habit | Comment

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Has a president of the United States famously attacked the Constitution as an authoritative act? A threat to democracy? Something that somehow should be discouraged or disgusted?

Judging by the reaction of Democrats and left -wing commentators to President Joe Bidens CDC’s lawless last -minute decision to extend an eviction ban that will surely be executed in the courts, the answer is emphatically no.

At the same time that we are constantly told that, for example, a Texas election bill to ban voting by voting or Tucker Carlsons ’latest monologue represents extreme democratic backsliding, almost none of Bidens’ allies are rising against a measure that represents the exact kind of high unilateral rule carried out by the authors elsewhere.

In fact, Bidens ’handiwork is celebrated. What can she do as a follow-up? Suspend habeas corpus? Quarter troops in people’s homes?

Bidens ’move was part of a similar grabs of executive power by his immediate predecessors. It doesn’t make it any better; in fact, it makes it worse. This means that executive lawlessness is becoming an ingrained part of our system. In its own right, Bidens ’move is even more terrifying.

Then President Donald Trump initially issued a moratorium on expulsions, and the Centers for Disease Control and Prevention was followed by its own moratorium and extensions, albeit suffering in the courts.

There isn’t any command for any of this. The U.S. Court of Appeals for the Sixth Circuit wrote that the legal theory promoted by the government would give the CDC director near-dictatorial power.

In the Supreme Court, there were four votes for blocking immediately on the moratorium. While Brett Kavanaugh wants to allow the moratorium to be left on its own, he stipulates that clear and definite congressional approval (through new legislation) is necessary for the CDC to extend the moratorium on July 31.

Ah, yes congressional permission. What a groundbreaking concept.

This is how American democracy should work: If you have votes to pass something in the House and Senate, and the president signs it, the law becomes law (assuming it is unconstitutional). If you don’t have votes, it won’t be law.

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Given all the discussion recently about how our democracy might enter into its demise, one expects it to be a changed attachment to this part of the democratic process.

Even the White House is easy to ride. In light of the Supreme Court’s decision, White House press secretary Jen Psaki said recently, the president has called on Congress to extend the moratorium on dismissal.

Then, a funny thing happened: Nothing. According to news reports, about a dozen House Speaker Nancy Pelosis’s own spokeswoman opposed an extension. Thus, the majority of the people’s representatives are against it; democracy speaks.

That should be the end of it, especially since the White House said it had searched for a legal justification for an exemption and found nothing.

When Biden reversed course and the CDC issued another extension, he was, incredibly enough, clear that most constitutional scholars said it was unlikely to pass the constitution.

It’s not often that a U.S. president admits that he proves to be violating his sworn duty to uphold the Constitution, but Biden did so and garnered full praise from his own party’s congressional leaders.

Even though they have the care of the branch of government that is supposed to pass laws, Sen. Chuck Schumer and Pelosi who is the head of the executive branch have, again, effectively passed one on self.

The real test of devotion to our system is whether public officials respect it even if it produces undesirable outcomes, or whether they try to find extra-legal settlements. Trump failed to fail this test after the last election, and Democrats like they did under former President Barack Obama have shown that they are good at managing the unconstitutional as long as it makes their preferred results.

Note that in their next interview about how to protect American democracy.

Rich Lowry is editor of National Review.

Sources

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