This weekend, I ran a column on President Joe Biden’s off-base boast that the Supreme Court and a lower court had declared that they are “on Biden’s side” on tuition forgiveness. After the column ran, however, the President claimed that he pushed through the loan forgiveness program through Congress on a narrow margin. That boast is particularly embarrassing because the Administration is in court claiming that he did not need to get congressional approval for the plan. It is likely to be raised by challengers in the next stage of litigation. It also may strangely reflect a moment of clarity in his subconscious mind, a faint recognition of the constitutional principles that he once defended as a United States senator.
There are significant constitutional questions raised by Biden’s half trillion dollar loan giveaway — an acknowledgment made by one of the courts ruling against challengers on standing grounds. The problem is finding someone with standing to allow courts to reach the merits of this unilateral executive action.
On the merits, the Justice Department is insisting that no vote was needed by Congress for Biden to simply waive hundreds of billions of dollars of debt owed to the American people. Many of us contested that claim.
Yet, in a sit-down interview with NowThis ‘Make Your Mark’, Biden seemed to channel the objection of the challengers and declared “It’s passed. I got it passed by a vote or two.”
Biden’s latest gaffe is likely to be referenced in the ongoing litigation to reaffirm the assumption (including by Biden himself) that Congress would need to sign off on such a giveaway. After all, the Framers gave Congress the power of the purse as a check on such executive authority.
The Biden administration is relying on a dubious argument that Congress allowed for such a massive loan forgiveness in passing the Higher Education Relief Opportunities for Students (HEROES) Act of 2003. As the acronym indicates, this short bill was designed for military personnel who often found themselves in arrears while serving abroad. It allows the Education Secretary to grant student loan relief during a war, military operation, or national emergency. But nothing in the barely five-page act supports a sweeping and unprecedented waiver of billions of dollars in loans owed to the government.
The White House staff will now bring out the mop-and-bucket crew on the latest presidential spill, but it may be difficult to spin this latest gaffe. HEROES was passed in 2003 in the House by a vote of 421-1. That’s right, there was only one vote against the bill. (The only nay vote was from Democrat George Miller of California). It passed the Senate by “unanimous consent.” There was no roll call vote. according to the congressional record. At the time, Biden was the senior senator from Delaware.
So it appears rather than passing the original Heroes Act by “one or two votes,” there was only one vote in either house against it.
As for his half a trillion dollar giveaway of loan debts, there was no one or two-vote margin because he never submitted it to Congress. Biden is, however, right about one thing: He should have.
Thus, Biden articulated the correct principle in claiming to have passed his loan forgiveness program even by the slimmest majority. The fact that did not actually occur only highlights the fact that it should have occurred. This may be why famed psychoanalyst Carl Jung once remarked, “The unconscious mind of man sees correctly even when conscious reason is blind and impotent.”
A version of this column ran on Fox.com
It has always puzzled me why Joe Biden, as a long time legislator, seems to bent on bypassing Congress through the (over)use of executive orders – the forgiving of student loan debt being the latest and most egregious example. Perhaps familiarity does breed contempt.
Another mystery is why the OLC issued a denial of the authority to forgive student loan debt during the Trump presidency and then turns around and issues an acceptance of the authority to forgive student loan debt during the Biden presidency. I had thought these opinions were non-political and based the opinion of career lawyers. Perhaps the OLC is swayed by the political winds?
Arnold, you know the reason why Biden’s handler to bypass Crongress for a never happen quit-quo-pro gift before midterms:
1. DEMs didn’t have the votes to pass legislation.
2. It takes too long.
3. Votes are priority, the executive action was means to the end.
4. Nobody cares if false expectations were raise and what will happen after midterms
5. SCOTUS will be blamed. .
RE:”Arnold, you know the reason why..” If the electorate were more astute in their Civics and knowledgeable with respect to the separation of powers, substance would prevail over subterfuge. There’s likely more known by her braindead ‘need to get a life’ psychofans, regarding the minute details of Kim Kardashian’s life, than the workings of the United States government.
Just curious, can anyone else in America who is aged 18 to 22 get $10,000.00?
Can’t we just agree that the big guy should be in assisted living.
I cannot but notice the constant attacks on Joe Biden. I have always seen you, Mr. Turley, as a fair and decent man. However, you are losing your objectivity, when it comes to the decent man occupying the White House, now.
I may be mistaken but I don’t ever remember you commenting on the extremely sick man who preceded President Biden, that frequently. There was a trove of material there to comment on. All of it extremely serious. If Joe forgets a word or two or mixes something up, it’s all over the air waves, that’s he’s losing his mind. I have yet to see anything written about the mental state of someone who is unable to process LOSING an election by MILLIONS of votes. Write something on that.
Decent man in the White House?? WHERE?? Joe Biden is NOT a decent man, he is a corrupt money launderer. Look what he did to his kids. What decent man showers with their daughter making her have sexual and drug problems?? Go back to sleep. It’s obvious you haven’t been paying attention.
Turley has frequently been critical of Trump.
Biden is an absolute disaster. This is only forgiveable because few beleive he really knows what he si doing.
He is not and never has been a decent person. He is just a typical politiician who has cultivated an uncle joe image.
I do not know if Sen. Biden raped Tara Read. But I do know that his fondling of women and children – that continues to this day is disturbing.
And it is easy to move from kindly uncle joe to creepy uncle joe.
Frankly Biden would be much more bitterly attacked by all of us, but most everyone knows he is not incharge of himself much less the country.
Republican claims that his dealings have corrupted him or left him under the influence of china or Russia are flawed – because Biden is too far gone to remember who he owes favors to.
Democrats Moving for Open Pedophilia for Children In Public, In The Classroom, Or Wherever They Can Get Access To Minors
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Turley writes about legal issues and if Trump tried to highjack his office to do something illegal or unconstitutional you bet Turley commented on it. I remember it. Turley was no Trump fan. Sadly, Turley doesn’t go far enough here in saying what we’re all thinking. Biden has lost his mind and has weaponized his office to enact his agenda. It’s wrong and is ruining our country.
“. . . the decent man occupying the White House . . .”
There are a lot of words to describe a feeble, power-lusting, destructive, pathological liar occupying the White House. “Decent” is not one of them.
For those who are still unsure, what a President can do & what he cann’t, Speaker of the House Nancy Pelsosi (D-CA) in her own words:
Guinness: Whether the preceding President was sick or not has nothing to do with Biden’s failures, senility, or anything else. You may have forgotten, but Biden is President and today’s news. Biden is not a decent man and never has been unless you call selling America down the drain to its enemy, decency.
You may also have forgotten that Turley dealt with Trump continuously and with criticism throughout everything leftists through at him and did not side with the FBI that lied on FISA and elsewhere. Turley stayed more in the middle, waiting for proof that the acts of the FBI and many Democrats were unlawful or unwise. He was a tad slow in recognition of the truth.
I feel for you. You want to believe Biden is a good man despite all the evidence to the contrary. You are hoping Turley can look at the truth and twist it to turn things around, making Biden a decent person instead of the liar and cheat he is.
“No, ma’am. No, ma’am. He’s a decent, family man!”
What I am missing in this discussion is this: There are hard working fellow Americans who like to live the “American Way of life” and feel they left out as USA is on a decline.
With the help of GOP leadership, traitors in Trump’s orbit, the FBI, the united press: Before election “Moderate” Biden got the power to make the content of “Biden-Sanders Manifesto” reality.
What Obama-henchmen might have underestimated: People let themselves be fooled once, but not always! After Biden’s handler directed him to say that US economy is “as strong as hell” the electorate will check if this is in line with her feelings. And it doesn’t look good right now.
If the inevitable will happen and DNC Apparatchiks decide that the Moor will end his duty in 2023, “Lame Duck” Biden will read heartbreaking lines about his life long committment to the American people, his groundbracking legislation, the toll he has paid, and “the begin of the journey that will lead him into the sunset of his life.”
United press will applaud and his life-long friend Mitch McConnell will close: “I admire President Biden, he is a man of principles, he always fights for democracy and he is a decent family man.”
“There are hard working fellow Americans who like to live the “American Way of life” “
Those are the people the left is destroying. Thank you. Those are the ones we should be focussing on. The Democrats have changed positions. They now support the elite and global interests that are suicide for Americans. Some in the global community think our middle class is too rich and would like to divide their wealth with the rest of the world. The left elites sell themselves to such people while selling the middle class down the drain. Unfortunately, the right has RINOs and they are doing the same.
GOP Leadership neither support MAGA Republicans nor candidates with a #45 stamp. They don’t take care about the effects of an interest hike for those who are in debt, the raising cost-of living, 401K drops, etc.
Last Saturday at Robistown, TX: # 45 was at his best, Tom Horman’s Boarder Speech (“I’ll tell you what I told [President Trump]. He comes back, I come back, and we fix this shit”), and the enthusiastic crowd broke out ans sang national anthem. As “Save America” Rallies drop out, it looks like that Trump team is confident about midterm results.
Watch was Alina Habba, attorney to Donald Trump and spokesperson for the MAGA, Inc. SuperPac has to say (I cannot remember a time before when an individual politician was required to fund candidates who attack him and his grassroot movement. Then again, it’s all part of the internal MAGA fight for control over the RNC apparatus):
Charlotte, I have no use for the Republican Party unless the Trump DeSantis wing has control.That is whey I will cheer Republicans. Nothing will be done with the McConnell type in charge.
You certainly have not been reading this blog, Guiness. Professor Turley states in almost every relevant post — including the one you are commenting on — his opposition to almost everything Trump and especially about what he thought about the events of January 6, 2021. I’m pretty sure he said way back that he voted for Clinton in 2016; I do not recall him saying how he voted one way or the other in 2020.
Now conversely, where the heck do you live where Biden’s daily wandering around the stage and mumbling and false claims are “all over the air waves?”
RE:”I have yet to see anything written about the mental state of someone who is unable to process LOSING an election:” Begin with Stacey Abrams and work you way back through the roster of Democrat candidates for high office of the past two decades, notably Hillary Clinton, and see what you can find.
Guinness – You must be living on a different planet. If it’s criticism of Donald Trump you want, just check out 95% of all the other news outlets. Where do you think the all to accurate term “Trump Derangement Syndrome” comes from. Oh and by the way – If Trump as much as walked to gingerly down a slippery ramp, they were certain he was too feeble to be serving as President – just one of thousands of examples.
Decent men do not deceive and lie to people and in my view (and for sure in my lifetime) there has never been a President that lies and deceives the public more than President Biden.
In the most powerful office in the world, it would stand to reason that the President should be able to write and speak in concise, accurate language and take actions that are prudent and make sense.
He attacked and continues to attack the energy sector. Then come midterms and he is drawing down our strategic reserves so that our nation, if cut off from oil shipments, will now have less than one month’s supply of diesel. This unilateral move is dangerous to our viability but also makes no sense.
Asked why, he says, “It’s not politically motivated at all. It’s motivated to make sure that I continue to push on what I’ve been pushing on. And that is making sure there’s enough oil that’s being pumped by the companies so that we have the ability to be able to produce enough gas that we need here at home, oil we need here at home, and, at the same time, keep moving in the direction of providing for alternative energy. That’s what I’ve been doing,”
Wow! I am impressed. I had no idea it was motivated to push on what he has been pushing on. I thought it was to lower the price gas at the pump until after the election.
Yet the most powerful ….agreement in human kind..we agree to drive 60 mph…both ways…only separated by a yellow line! Yet we do everyday! Because at root…- we trust each other! As human beings. Don’t forget that fact when they try to divide us! So remember that fact when they try to put self driving cars on us. We are brethren. We were americans! We got that dissociative stAte of mind in our total win! As second nature as the tea party!
Whilst Biden has nothing….how can he forgive ONlLY ten k of debt? If person wants to forgive 20 k of debt?. Who has standing re 30 k off debt? The fact no one d funding either way….proves itself he doesnt have the power. If a borrower wants 30 k forgiven…..would they have standing? See standing works both wys. For equl protection. Biden doesn’t have standing to give way 40 k…..or does he…really there I no one with standing at all for long forgiveness to begin with! So we are suppose to believe….the president can sue sponte…create a bunch of ppl ants….and no one can counter claim their clims? Like the heroes act over rice the federal law on counter claims?
Not. These ppl who want lo. Forgiveness….need to make claim. To get it Let them. Then hit them with little tucker x 3. At federal claims court the court will sit on little. And it will be devoted info …..unconstitutionl….huge win for the seniors! Who rely on the 6.75 interest in student lo ans. But who he stnding…the first re those who a apply…next re those who counter sue! ..did those applications ants have standing to sue? I restt my cse!
If anyone e cm counter sue….someone has standing….And seniors can counter sue because 6.75% will be gone e……and confess has made it up …by a law….to raise that revenue…..so like nfi b….to something so Centro there re ppl with standing. But is warp going to play ball? Maybe g!enn Becks version will!????
And no d try Turkey’s trying to delete this fact! We are as good as Americans a driving together.. Makes us great. I. Sick of your brain whipes…like lanes 86 545499a…from tonapaw! Kma! big guy said I’d never remember. Fu. I I trust the American people…..way more than I trust your aurora green spheres. Forever. Jaekyn!
there is a big problem with our judicial system in reguards to standing. almost all the the 2020 court cases challangeing the election were dismissed because lack of standing. this enrages millions of americans who feel that the wrong person is now president not because he may not be but because the charges of fraud and the evidence supporting it never had its day in court. we wonder if the court coul articulate not a hypotectical set of criteriea but a specific person
Government exists only with the trust of the people.
Regardless, of what you think about any specific election, it is of critical importance that citizens can trust the results of an election.
It is not important who won, only that winners and losers beleive the election was conducted lawfully.
Those seeking election – and their supporters are inevitably going to try everything in their power to win. With absolute certainty a small portion of those will litterally do anything – legal or not.
Everything about an election should start with the PRESUMPTION that some people will try to cheat.
Our election laws must be constructed with the assumption that people will try to cheat and taking every possible measure to prevent, detect and punish those who do. Then those laws MUST be enforced as written.
Ease of voters may be a desire, but it can never trump the trustworthy conduct of the election.
Nor is it sufficient to make fraud difficult to impossible. Elections must be conducted so that voters KNOW they are trustworthy.
Our courts and executives failed prior to the 2020 election – terrified by a pandemic into weakening election laws.
The courts failed again after the elections
They block legitimate public inquiry into the election. It does not matter what was found – it was critical for trust in government that the election was subject to bright lights. That citizens were allowed to know the good, the bad and the ugly about the election.
Instead we have two camps – one with their head in the sand, and pretending that election fraud must be proven beyond a reasonable doubt just to get a day in court. And the other certain that because inquiry was thwarted in nearly every possible way that the courts and government were complicit in hiding criminal fraud.
It is hard to constrict a recipe for less trust in government.
Which is a very bad thing to do, because the legitimacy of government rests on the trust of the people.
Joseph Biden is the gift that keeps on giving.
2019 DNC Primary Candidates debate
Julian Castro: “Are you forgetting what you said 2 minutes ago?”
Audience: (extremely loud gasp)