Posted on 09/17/2021 6:07:51 AM PDT by Brookhaven
President Joe Biden has long pledged to “build back better” but in the last few months it has become clear that his transformative plans go beyond mere infrastructure and extend to our very structure of government.
From abortions to elections to rents, Biden is seeking to federalize huge areas to displace state law. Not since John Adams and his Federalist Party has the country faced such a fundamental challenge to our system of federalism.
Some of the claims made by Biden recently would make even Adams blush. What is most striking about these claims is that Biden and his aides have indicated that they know they are operating outside of constitutional limits.
Then came last week, when Biden suddenly announced that he would impose a national vaccine mandate through the Occupational Safety and Health Administration (OSHA). Klain admitted that the OSHA rule was a mere “workaround” of the constitutional limit imposed on the federal government. White House press secretary Jen Psaki preferred to call it a “pathway” after admitting “we do not have the power to inform each American you need to be vaccinated.”
Whether a “workaround” or a “pathway,” the move would allow the federal government to dictate public health measures in every state – a claim that will face major federalism challenges in court.
The move came on the same day Attorney General Merrick Garland announced an equally sweeping claim of federal jurisdiction over abortion rights in challenging the Texas law.
Garland announced that the federal government would appear in court not as an amicus (or friend of the court), as has been its practice in past cases. Instead, it will sue directly as a party in interest because the law is viewed as countermanding a constitutional right. Indeed, Garland claimed such authority in defense of any constitutional right that could be abridged by any state law.
In his remarks, Garland indicated that the government would claim federal preemption in whole or in part over the abortion area. That is another sweeping claim that could make many judges uneasy. The Supreme Court has always recognized state authority in this area. The question is where to draw the line. The filing will add a new basis for pro-life challenges based on federalization.
The Democratic Party has now emerged as the new Federalist Party and Biden is seeking to outdo John Adams in supplanting state authority.
Previously, Biden called for the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters. Biden admitted that his White House counsel and their preferred legal experts told him that the move was likely unconstitutional. Despite that overwhelming opinion, he listened to Professor Laurence Tribe at the urging of Pelosi. Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out of the door as possible before being barred by the courts. They lost in court, as many of us predicted, but Biden wanted this small agency to effectively dictate rental payments across the country.
These moves follow new evidence that the Biden administration had concluded that a farm debt law was unconstitutional before putting it into the pandemic relief bill.
Roughly 200 years ago, the Federalist Party faded from political dominance in the United States and, with it, his vision for a dominant federal government. The Democratic Party has now emerged as the new Federalist Party and Biden is seeking to outdo Adams in supplanting state authority. It is not an act of building back as much as breaking down a system designed to protect liberty by preventing the concentration of authority in our government.
Pretty sure FDR had might fit in there somewhere. Not sure how Adams does.
Adam’s was a piker compared to FDR.
Isn’t the Biden/Harris power grab technically Anti-Federalism?
Adams, not Adam’s. Stupid spell check...
Baloney! The Dems aren’t looking to impose an 18th Century version of a central government. They are looking to, and so far succeeding at imposing a version of Communist Chinese Marxism. Mao Zedong would be proud.
Marx and Hitler were Pikers compared to Obiden.
The definition of Federalsim flipped somewhere along the line. Originally, it was pro-centralized government but recently has been used in the opposite sense.
The power is behind the throne. 0 and slo joe are the equivalent of Ronald McDonald; clowns representing their product.
Baloney! The Dems aren’t looking to impose an 18th Century version of a central government. They are looking to, and so far succeeding at imposing a version of Communist Chinese Marxism. Mao Zedong would be proud.
//
100% say it loud and often!!!
Turley is a professor setting a benchmark. It’s not a final destination.
He’s a Democrat who prefers sanity. He may believe it’s not a lost cause.
The Rats are a corporate Wall St. Globalist party infested with commies they cultivated. They think they can manage it.
The ChiComs are their model.
The meaning of “federalize” in this piece is probably very much not what it meant 200 years ago. It used to mean dividing up power between the national government and the state governments. This writer thinks it means the sucking of all power into a central government.
yes but ppl are supporting and voting for this
Sad but true.
a federal government which acts within the constraints of the constitution
no longer exists
over the last 100 years the federal government has been turned into a national government with feudal states
china is practicing fascism
and we are on the same path
Yes, Federalism used to be liberal, now Federalism is Liberal.
Unfortunately, the entire court system is compromised and the 10th Amendment is abolished or ignored. Garland is a full blown anti constitutional communist.
If they can’t win fairly, they cheat. If they can’t cheat effectively they use Lawfare and sue their way to victory (remember Bush v Gore and Franken v Coleman)
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