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Biden White House cries foul after New York Times editorial board rebukes overuse of executive orders
Fox News ^ | 1-28-21 | David Rutz

Posted on 01/28/2021 12:45:47 PM PST by SJackson

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To: SJackson
On an unrelated topic (and using the same so-called "logic" of the Democrat Party Cabal (DPC) throughout its 2020 Election Steal):

During the new biden Administration (since Jan. 20, 2021), the number of Covid cases & Covid deaths continues relentlessly rising, rising, rising ... in fact, the number of cases and deaths never falls ... it just keeps rising ...

Again, using the DPC's so-called "logic," biden is solely responsible for all those Covid cases & Covid deaths. Thus, biden should be impeached.

In fact, without the encouragement President Trump provided to the pharma companies to expedite vaccine availability, the numbers would be even worse under the biden Administration. Therefore, biden should publicly thank President Trump. Will he congratulate him? No, of course not. Instead, the Democrat Party Cabal obsessively impeached President Trump (for the second time) and desperately wants the Senate to vote to remove President Trump from office. The only problem with the DPC's Master Plan is that Sleepy Joe is snoozing in the Oval Office. So that will make it kind of difficult for the DPC to remove President Trump from the Oval Office. I know, I know ... details, details ...

41 posted on 01/28/2021 1:31:55 PM PST by gw-ington (The Office of the President-Elect gw-ington and Vice President-Elect Loch Ness Monster)
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To: ClearCase_guy
The party that controls the entire government is running things via executive fiat.

The democrat Maoists who run Joe Biden don't want to waste any time having any messy debates in congress. They want to destroy America now, with just the stroke of a pen.

42 posted on 01/28/2021 1:34:02 PM PST by Bullish (CNN is what happens when 8th graders run a cable network.)
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To: Georgia Girl 2

Because OraNgE MaN BaD!!!


43 posted on 01/28/2021 1:37:04 PM PST by lakeman (Semper Fi)
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To: SJackson
By his own definition, Biden is already governing like a dictator
44 posted on 01/28/2021 1:37:22 PM PST by Blood of Tyrants (If the meanings in the Constitution can change, why did they bother writing it down?)
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To: alancarp

Yep, and then Obama’s memo is written in stone.


45 posted on 01/28/2021 1:39:14 PM PST by Blood of Tyrants (If the meanings in the Constitution can change, why did they bother writing it down?)
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To: MercyFlush

Lol...sure.


46 posted on 01/28/2021 1:39:16 PM PST by snarkytart
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To: \/\/ayne

It turned communist over 30 years ago.


47 posted on 01/28/2021 1:40:39 PM PST by Blood of Tyrants (If the meanings in the Constitution can change, why did they bother writing it down?)
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To: Texas resident
They are setting the stage so that elections no longer matter.

Yes they are...and they know they have a small window of opportunity to make the large moves that will allow them that control. I'm kind of surprised the New York Times still has what it takes to call them out... I would not have bet that way

48 posted on 01/28/2021 1:42:41 PM PST by GOPJ (Biden's economic version of Antifa and BLM rioting and looting for monthis is intentional.)
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To: eyeamok

And the Reichstag was nothing but a nominal, rubber-stamp Parliament.


49 posted on 01/28/2021 1:50:33 PM PST by Ebenezer ("Be strong and of good courage.")
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To: SJackson
NYT Board: "Undoing some of Mr. Trump’s excesses is necessary, but Mr. Biden’s legacy will depend on his ability to hammer out agreements with Congress."

Which EO's did Trump sign that were excessive and need to be reversed?

You mean the one that Trump signed to kill the Keystone Pipeline?

Or maybe the EO Trump signed to kill the southern boarder wall and allow illegal aliens to flood into our country un-vetted?

Or was it the EO that Trump signed that removes the travel restriction against countries that host terrorist organizations from entering the US.

I'm confused on which EO Trump signed that was excessive?
50 posted on 01/28/2021 1:50:51 PM PST by Bellagio
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To: \/\/ayne

Xi sends Biden another watch.


51 posted on 01/28/2021 2:03:52 PM PST by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: Amendment10
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.

United States v. Butler, 297 U.S. 001, 68 (1936)

The quote continues,

None to regulate agricultural production is given, and therefore legislation by Congress for that purpose is forbidden.

It should be noted that a few years later, the Supreme Court went on to sidestep (or trample upon) this restriction upon regulation of agricultural production. Technically, they engaged in the regulation of interstate commerce pertaining to wheat grown and consumed in a single state, but I'm not sure farmer Filburn noticed the difference.

Wickard v. Filburn, 317 U.S. 111 (1942)

https://www.oyez.org/cases/1940-1955/317us111

A unanimous Court upheld the law. In an opinion authored by Justice Robert Houghwout Jackson, the Court found that the Commerce Clause gives Congress the power to regulate prices in the industry, and this law was rationally related to that legitimate goal. The Court reasoned that Congress could regulate activity within a single state under the Commerce Clause, even if each individual activity had a trivial effect on interstate commerce, as long as the intrastate activity viewed in the aggregate would have a substantial effect on interstate commerce. To this extent, the opinion went against prior decisions that had analyzed whether an activity was local, or whether its effects were direct or indirect.

While I personally prefer what the Court said in Butler, in is hard to ignore what they did in Filburn.

Filburn Syllabus at 112:

2. The wheat marketing quota and attendant penalty provisions of the Agricultural Adjustment Act of 1938, as amended by the Act of May 26, 1941, when applied to wheat not intended in any part for commnerce but wholly for consumption on the farm are within the commerce power of Congress. P. 118.

3. The effect of the Act is to restrict the amount of wheat which may be produced for market and the extent as well to which one may forestall resort to the market by producing for his own needs. P. 127.

4. That the production of wheat for consumption on the farm may be trivial in the particular case is not enough to remove the grower from the scope of federal regulation, where his contribution, taken with that of many others similarly situated, is far from trivial. P. 127.

5. The power to regulate interstate commerce includes the power to regulate the prices at which commodities in that commerce are dealt in and practices affecting such 'Prices. P. 128.

6. A factor of such volume and variability as wheat grown for home consumption would.have a substantial influence on price conditions on the wheat market, both because such wheat, with rising prices, may flow .into the market and check price increases and, because, though never marketed, it supplies the need' of the grower which would otherwise be satisfied by his purchases in the open market. P. 128.

7. The amendatory Act of May 26, 1941, which increased the penalty upon "farm marketing excess" and included irith at category wheat which previously had not been subject to penalty, held not invalid as retroactive legislation repugnant to the Fifth Amendment when applied to wheat planted and growing. before it was enacted but harvested and threshed thereafter. P. 131.

Calling a penalty a tax, and enforcing it as a tax, was sort of in the same spirit.

52 posted on 01/28/2021 2:22:55 PM PST by woodpusher
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To: SJackson

Liberals are so unaccustomed to being criticized—even mildly—by the media that when it happens they freak out.


53 posted on 01/28/2021 2:25:38 PM PST by rightwingintelligentsia (Democrats: The perfect party for the helpless and stupid, and those who would rule over them.)
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To: SJackson

Ease up nyt, you knew full well what you were ushering in. Don’t start pretending to be old school news media now. Everyone knows that’s over.


54 posted on 01/28/2021 2:29:42 PM PST by robel
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To: SJackson

Arrest them, Joe!


55 posted on 01/28/2021 2:38:30 PM PST by Karl Spooner
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To: xp38

“I’m sure Trotsky felt that way once.”

Until he had has mind made right with an ice axe to the coconut.


56 posted on 01/28/2021 2:42:24 PM PST by Bonemaker (invictus maneo)
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To: SJackson
NYT to Biden:  "Slow your roll, bro. We can't cover for you when you're doing it this quickly."
57 posted on 01/28/2021 2:54:51 PM PST by Kenny Bania (Ovaltine? Why not call it Roundtine?)
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To: SJackson

For once I agree with Biden.

What he is doing is foul.


58 posted on 01/28/2021 3:23:24 PM PST by DoughtyOne (There is no next time Mitch. Aren't you proud now...)
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To: woodpusher; All
Thanks for reply woodpusher.

"It should be noted that a few years later, the Supreme Court went on to sidestep (or trample upon) this restriction upon regulation of agricultural production. Technically, they engaged in the regulation of interstate commerce pertaining to wheat grown and consumed in a single state, but I'm not sure farmer Filburn noticed the difference."


Also, note that regardless what FDR's state sovereignty-ignoring activist justices wanted everybody to think about the scope of Congress's Commerce Clause powers (1.8.3) in Wickard v. Filburn, 19th century, state sovereignty-respecting justices had previously emphasized the already clear meaning of that clause, that Congress has NO Commerce Clause power to regulate INTRAstate commerce.

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]." -Gibbons v. Ogden, 1824.

But more importantly regarding evidence of judicial tyranny concerning the Court's decision about agriculture in Wickard v. Filburn, Justice Joseph Story had previously singled out agriculture as an example of powers that the Commerce Clause did not give Congress.

"Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments [emphases added]." —Justice Joseph Story, Commerce Clause (1.8.3), 1833.

Wickard v. Filburn also contains the following smoking gun, FDR's state sovereignty-ignoring justices effectively sweeping the 10th Amendment under the carpet.

More specifically, using inappropriate words like “concept" and “implied,” FDR's justices scandalously politically repealed the 10th Amendment imo.


59 posted on 01/28/2021 3:28:08 PM PST by Amendment10
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To: butlerweave

Exactly. Who needs them. All he has to do is state the constitution is null and void the send in the NG troops and arrest Congress. Might as well take out SCOTUS while he’s at it:


60 posted on 01/28/2021 5:38:15 PM PST by DownInFlames (Ga)
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