After conservative talker, author, and constitutional expert Mark Levin played a clip last week of then-Democratic presidential nominee Joe Biden telling ABC’s George Stephanopoulos ahead of the November election that he wouldn’t govern by executive order, conservatives all over the country have been outraged by the fact that Biden was lying.
The president’s handlers had a stack of 17 EOs waiting for Biden the moment he sat down at the Resolute Desk in the Oval Office, and he proceeded to sign every single one of them.
He hasn’t slowed down much since then; Biden has signed some 40 executive actions in the roughly 10 days he’s been if office, and there really is no sign he plans to slow down anytime soon. There is much Orange Man Bad stuff left to undo, if for no other reason than simply because Biden can.
Or can he? Attorneys general from a half-dozen red states are warning the new president to tread lightly with his orders or his administration will be spending a lot of taxpayer dollars in federal court.
Half a dozen state attorneys general wrote in a letter to President Joe Biden this week that the president’s role in the U.S. is “limited” by the Constitution, and that the primary political power of the national government lies in Congress, not the executive office.
The letter, signed by the attorneys general of Texas, Mississippi, West Virginia, Arkansas, Montana and Indiana, sought to stress the “limited presidential power” the office of the presidency enjoys within the American framework of government.
“Under the Constitution, the principal political control of our government is entrusted not to the President, but to the carefully constructed Congress which serves as both sail and anchor of the federal ship of state,” they wrote. “Congress writes the laws and the President and his officers are limited under the Constitution to the role of faithfully carrying them out.”
And because Congress is nearly evenly divided right now, that “makes it quite difficult to enact significant legislation” the attorneys general wrote. As such, “it is just as important to respect the absence of legislation as its passage.”
“[A] president is not a Prime Minister or a King and must respect that his constitutional office is a limited Chief Executive not the supreme authority of the state,” they wrote, arguing further that “overreaching and defying Congress will not be rewarded or succeed.”
Biden, what little of his mind may remain, obviously knows this. He spent decades suckling at the teat of the taxpayer as a ‘public servant’ in the Senate and White House.
Be that as it may, he also knows that he’s got an average chance of his executive orders being upheld by federal courts (as do his handlers). So he (and they) are figuring that since they’re not footing the legal bill, what the heck — might as well go for it.
Red states had better be padding their own legal departments, however. Because if Biden’s first week-and-a-half are any indication, they — and the federal courts — are going to be busy.