What were the odds of legislation passing with ZERO bipartisan support being struck down as unconstitutional? Well, in this Congress, passed by the Democrats, they’re pretty good.
How many times have we heard Chuck, Nancy, and Joe warble on and on about what a great threat the Republicans are to… well… the Republic?
That’s kind of odd, considering all the times they tried to bring Trump to court, only to have his various ‘dubious’ actions upheld as perfectly valid exercises of Article II powers as ruled by judges hearing the cases.
Now that the shoe is on the other foot, Courts have begun ruling against legislation the Democrats have pushed through with the slimmest of bare-knuckled partisan majorities. This is not even the first instance of courts slapping him down, and this administration hasn’t even been 6 months in office yet.
The recurring theme in this administration’s priorities is the clear and deliberate shift of power from the local level to the federal level through a variety of initiatives and priorities. One of these power-grabs was just blocked by the courts.
Remember how the ‘American Rescue Plan’ explicitly said states who received funding could not offer tax cuts? That isn’t D.C.’s decision to make.
U.S. District Judge Douglas Cole issued the permanent injunction requested by Ohio Attorney General Dave Yost, a Republican who argued the administration was trying to impose a “tax mandate” on states.
“The Biden administration reached too far, seized too much and got its hand slapped,” Mr. Yost said. “This is a monumental win for the preservation of the U.S. Constitution — the separation of powers is real, and it exists for a reason.”
Mr. Yost had filed a lawsuit against the Treasury Department and Treasury Secretary Janet Yellen, saying that the provision in the Democrats’ $1.9 trillion “American Rescue Plan” barring states from using the federal aid to offset tax cuts “directly or indirectly” is unconstitutional. –WashingtonTimes
In case anyone reading this was dumb or intentionally obtuse, he made it clear enough that even Biden could understand it without help:
“The Tax Mandate exceeds Congress’s power under the Constitution,” Judge Cole wrote. –WashingtonTimes
As ‘odd’ as we might have made it sound, the whole thing gets easier to believe when you remember that this is the same party that once demanded Trump exercise powers he has NOT been awarded by the Constitution when it was a cause they WANTED him to act on.
What Schumer conveniently forgets to say is that President Trump had a constitutional duty to rescind the Deferred Action for Childhood Arrivals (DACA) program. President Obama’s DACA executive order was unconstitutional. As President Obama himself explained in 2010 before reversing his position during an election year, “I am president, I am not king.” Later in 2011, he reiterated “with respect to the notion that I can just suspend deportations through executive order, that’s just not the case.”
Sen. Schumer, a legislator, ought to know that under the American constitutional system, Congress must pass laws. The president can’t just issue an executive order granting amnesty to illegal immigrants. And so President Trump rescinded DACA and gave Congress six months to pass an immigration law constitutionally. But for Schumer and the Democrats, it’s more convenient to ignore that fact and pin a “humanitarian crisis” on Trump. —Blaze
We’re glad to see Ohio stood tall against a bad law.
We have a sneaking suspicion that our courts will get a workout in the near future. Let’s hope they don’t proceed with stacking SCOTUS in the meantime.