By Charles C. W. Cooke
Wednesday, August 31, 2022
If we keep doing what we’re doing, we’ll keep
getting what we get. To avoid getting what we’re increasingly likely to get,
Congress should impeach and convict President Biden.
Evidently, Biden feels as if there are no consequences to
violating his oath of office. Last August, Biden “double, triple, quadruple
checked” whether he was allowed to order another moratorium on evictions
without Congress, and he concluded that he was not. Then he did it anyway
— on the outrageous grounds that the time it would take
to litigate might allow him “to keep this going for a month, at least — I hope
longer.” Last Wednesday, Biden pulled the same trick with student
loans. That the president does not have the statutory power to “cancel” college
loans has long been so obvious that even Nancy Pelosi has managed to
acknowledge it. “The president can’t do it, that’s not even a discussion,”
Pelosi said last year. “People think that the President of the United
States has the power for debt forgiveness.” But, she confirmed: “He does not.”
A week ago, Biden did it anyway — with the help of what might be the single
most cynical and embarrassing legal memorandum in modern American history.
And why wouldn’t he, given that presidents have started
to get away with such behavior as a matter of routine? In 2012, President Obama
told audience after audience that he couldn’t “suspend deportations through
executive order,” “because there are laws on the books that Congress has
passed.” Those “laws on the books by Congress,” Obama said more than 20 times, “are very clear in terms of how we
have to enforce our immigration system.” “I’m not a king,” Obama said. “I’m not
the emperor of the United States,” he noted. “There is a path to get this done
and that is through Congress,” he insisted. And then he did it anyway.
And nothing happened.
In 2019, Donald Trump followed suit. Exasperated by his
repeated inability to convince the Democratic Congress to appropriate funds for
his border wall, Trump announced that he’d discovered some emergency laws on
the books that, conveniently enough, allowed him to go it alone. Trump then
took $6.5 billion from the Treasury.
And nothing happened.
Complaining about Trump’s unilateralism, the Brennan
Center noted that Trump’s pivot had been executed “for the express purpose of
subverting the will of Congress” and warned the public of the “dangers that
would be posed by allowing Trump’s declaration to stand.” The Brennan Center
was correct. Only three years have elapsed since those words were written, and,
inspired by the lack of meaningful accountability that he has now watched two
presidents enjoy, Trump’s successor just took a set of illegal actions so
enormous in scale as to beggar belief. Trump stole $6.5 billion. Joe Biden has
just taken between 100 and 200 times that figure. What sort
of “danger,” I must ask, might be “posed” by allowing that “declaration to
stand?”
There is not a single person in America who believes that
what President Biden has done is legal — and that includes the people who
penned the contrived legal justifications for him. His order is a ruse, a
scheme, a hijacking — the product not of genuine ambiguity in the law, but of a
preference for brute force. I know it. You know it. We all know it. President
Biden knows it. This is why, in almost taunting tones, the president’s
apologists have begun to remind the dissenters that, under the current standing
rules, there may be no person in America who can sue. “Well,” they ask,
gleefully, “Whatjagonnadoaboutit?”
I’ll tell you what I’d do about it: I’d
impeach and convict the president, and end this trend for good. In this
country, Congress makes the laws. In this country, Congress appropriates the
funds. In this country, Congress sets immigration policy. In this country, as
Barack Obama liked to remind us, the president is not a dictator or an emperor
or a king. In this country, there is a path to getting things done, and that
path is through Congress.
And if the president doesn’t like that? Then the
president can go home. Among the many scars that Woodrow Wilson left on the
American system of government, we can count the notion that the three branches
of government are “co-equal.” They’re not. Congress is prime. Congress can pass
laws without the president; the president cannot pass laws without Congress.
Congress can remove the president; the president cannot remove Congress. Along
with the states, Congress can amend the Constitution; the president cannot.
Look at any part of the American order, and you’ll find that Congress has the
power either to veto the other branches or to change the status quo via other
means.
Last January, Congress should have used this power to
impeach and convict President Trump for engaging in what Senator Ben
Sasse appropriately described as “one of the most egregious Article
II attacks on Article I in all of U.S. history.” A decade ago, Congress should
have used this power to impeach Barack Obama for relentlessly explaining that
he wasn’t an emperor, and then taking the very action he had deemed a
usurpation of legislative authority. Today, Congress should use this power to
remove Joe Biden from office for repeatedly breaking his oath in the most transparent
way imaginable. And if we don’t — because it’s too hard or too divisive or
harrowing — then we’ll deserve the system we’ll inevitably end up with, which,
at this rate, seems destined to bear an uncanny resemblance to the system we
once fought a revolution to pull apart.