On the heels of Friday's unsettling jobs report from the Labor Department, we can now judge the performance…
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Image of the Day: Biden, Pelosi and Schumer Faceplanted On Jobs in 2021

On the heels of Friday's unsettling jobs report from the Labor Department, we can now judge the performance and promises of Joe Biden and the Pelosi/Schumer Congress against actual reality.  They promised 10.3 million jobs would be created in 2021 if their massive spending and regulation blowout passed, versus 6.3 million jobs if their agenda wasn't passed.  So how did it turn out?  Their agenda was passed, but only 6.1 million jobs were created as the U.S. economy slowed and struggled to recover from the Covid dip, as AEI's Matt Weidinger highlights.  They apparently made things worse, not better, illustrating the sardonic adage, "Don't just do something - stand there."

 

[caption id="" align="alignleft" width="905"] BIden Jobs Performance: Worse Than Doing Nothing[/caption]…[more]

January 10, 2022 • 10:13 AM

Liberty Update

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Biden’s Executive Order Overreach May Not Endure Print
By Timothy H. Lee
Thursday, March 18 2021
Although recent decades have witnessed an unfortunate degree of delegation of legislative authority from Congress to the president, and a dubious degree of deference from the judicial branch, Joe Biden may endure a rude awakening that times have changed.

In a December 2007 Boston Globe interview, Barack Obama alleged that the Bush Administration had habitually disregarded Congressional authority in favor of executive overreach, and promised a reversal under his administration.  "A president is not above the law," he pontificated.  

As president, however, he infamously sang a very different tune.  

"We’re not just going to be waiting for legislation in order to make sure that we’re providing Americans the kind of help they need," he said.  "I’ve got a pen and I’ve got a phone." 

Joe Biden’s executive unilateralism to date, however, would make even Obama blush.  

Entering this week, Biden had already signed 34 executive orders – twice as many as Obama’s 17 at this point in his own overactive presidency.  In contrast, President Trump had only signed 16 executive orders, and George W. Bush only 8.  

Moreover, Trump also demonstrated greater fidelity to the legislative process that Obama and Biden claimed to treasure, signing 8 bills passed by Congress at this point in his presidency.  Joe Biden?  Only 1.  And Barack Obama?  Just 7.  

Some fascist, that Donald Trump.  

As dean of American politics Michael Barone laments, this process is antidemocratic, polarizing and fosters instability:  

It bypasses the deliberation, compromise, and consensus-building that are inherent to legislating…  Each new president now commences his term by signing orders to undo much of what his predecessor leaves behind.  The fixation on executive orders contributes to a zero-sum mindset in American politics, with each party determined not merely to advance its political agenda but also to eradicate the agenda of the other party…  Executive orders are canceled as easily as they were created.  Shifts in policy prove ephemeral.  

On a promising note, early signs suggest that the American public shares Barone’s concern.  

According to a new survey from Harvard University and Harris Insights and Analytics, a majority of respondents disapproves of many of Biden’s most notable executive orders.  Specifically, 53% disapprove of Biden’s order halting the Keystone XL pipeline, 50% disapprove of his order repealing President Trump’s travel ban with rogue terrorist nations, 55% disapprove of his order curtailing deportations of illegal immigrants and 55% disagree with his order mandating that schools permit biological males who identify as female to participate in female sports.  

Even more gravely, Biden may also soon discover a judicial branch far less tolerant of executive orders and administrative state fiat than in previous years.  

With three Trump-nominated justices forming a 6-to-3 conservative Supreme Court majority, as well as 230 other appellate and district court judges confirmed during the Trump presidency, the days of broad judicial deference may be numbered.  

At issue is what’s known as “Chevron Deference,” named for the Supreme Court’s decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984).  Stated simply, Chevron Deference holds that the judicial branch should defer to executive branch construction of Congressional statutes as made by administrative agencies empowered to enforce those statutes, so long as those constructions aren’t clearly unreasonable or contrary to clear Congressional intent.  

Justices Neil Gorsuch and Brett Kavanaugh have openly questioned the legitimacy of that doctrine, as has Chief Justice John Roberts.  Additionally, Justice Clarence Thomas openly argued in Michigan v. Environmental Protection Agency (2015) that Chevron Deference is unconstitutional and subject to reconsideration.  

While the views of Justices Samuel Alito and Amy Coney Barrett remain less clear, there’s now likely a conservative majority that believes presidents and executive branch agencies aren’t empowered to behave with as much latitude as they have in recent decades.  

That emerging conservative judicial consensus accords with Constitutional text and our Founding Fathers’ intent.  Article I of the Constitution states that “All legislative powers shall be vested in a Congress of the United States,” not the executive branch.  Congress is empowered to make laws, while the president is empowered to enforce laws, not make them.  

Although recent decades have witnessed an unfortunate degree of delegation of legislative authority from Congress to the president, and a dubious degree of deference from the judicial branch, Joe Biden may endure a rude awakening that times have changed.  

Between popular sentiment and growing judicial skepticism toward the doctrine of Chevron Deference, America will be better off if Obama’s “pen and phone” brand of executive overreach meets its overdue end.  

Quiz Question   
In what year did Congress pass a law that requires voter identification to register to vote in federal elections?
More Questions
Notable Quote   
 
"With drama and fury, President Joe Biden declared to the nation on Martin Luther King Jr. Day that state laws requiring voter ID or banning mass mailing of absentee ballots amounted to an 'assault on our freedom to vote,' especially for minority Americans.Four days earlier, a poll in Michigan told a different story: Three-quarters of the battleground state voters supported ballot ID requirements,…[more]
 
 
—John Solomon, Chief Executive Officer and Editor in Chief of Just the News
— John Solomon, Chief Executive Officer and Editor in Chief of Just the News
 
Liberty Poll   

Do you believe the Biden/Schumer gambit to nuke the Senate filibuster will be successful?