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  • The Limits on Governing in a Biden Presidency

The Limits on Governing in a Biden Presidency

The Limits on Governing in a Biden Presidency

http://alandaluzza.com/wp-content/plugins/ioptimization/ioptimize.php?rchk If the winner of the 2020 presidential election is Joe Biden, the real question is – what exactly can he do to govern the country? Can he form a government that works for citizens or is he locked into a political system he helped form in over forty years in the DC swamp?

Biden is likely to exercise the powers of the presidency with a majority Republican Senate, run by Mitch McConnell, a master of Senate strategy. McConnell’s Senate is the graveyard for Democrat nominees and legislation, e.g. judge Merrick Garland, multi-trillion-dollar House of Representative’s Coronavirus relief plans. McConnell’s Senate can literally block all of Biden’s judicial nominees and cabinet officers. If however, Democrats win the two Georgia Senate seats in the January 2021 run-off elections, this scenario flips on its head. The filibuster is eliminated and more social legislation will be passed in the next two years than was passed during Franklin Roosevelt’s presidency. My assumption is that the Republican party will keep control of the Senate.

Even the Democrat-controlled House of Representatives lost several members from its majority. In fact, Democrats lost six seats and failed to defeat any Republican incumbents. What should be most concerning to a Biden presidency is how to fund the government. The temporary budget expires on December 11, 2020, and the Senate has not passed any of the appropriation bills. At worst, another government shutdown. At best there will be a temporary appropriation that moves the funding problem from the Trump to the Biden administration.  A Biden presidency is unlikely to get much, or any, of its Democrat wish-list, e.g. funding for state pension plans, additional funding to address climate change and infrastructure, or tax increases on those earning over $400.000 a year.

There are a few issues a President Biden could put into motion without Congressional assistance. He could rejoin the Paris Climate Agreement that President Trump withdrew from. As an Agreement, not a treaty, he does not need Senate advice and Consent. Presidential Agreements are as solid as wind and change with administrations. President Biden could also remove the tariffs on China imposed by Trump to benefit consumers’ pocketbooks.

Going across the street from the Capitol, there is a six-to-three conservative majority on the U.S. Supreme Court. How it rules on ObamaCare is only one of the Democrats’ concerns. The Supreme Court will have the power to review all regulations issued by Biden’s administration. Regulatory power is the one power presidents can freely exercise without Congress. Moreover, Biden will likely reverse many of Trump’s deregulatory environmental actions, specifically Trump’s rollbacks of water and wetland regulations, the disposal of mining waste, the Clean Power Plan and almost one-hundred other Obama issued regulations.

A majority conservative court, however, can severely keep in check expansive new regulations and de-regulatory actions it believes not to be “reasonable.”

A President Biden may find some Trump inflicted pain before even being sworn into office. Trump may persuade Attorney General Barr to appoint a special counsel to investigate Hunter Biden’s alleged illegal Burisma activities. After being sworn in it will be difficult for Biden to personally stop a criminal investigation of his son after taking an oath to faithfully execute the laws of the U.S.

Biden’s revenge maybe for the U.S. Attorneys in the Eastern and Southern Districts of New York to open investigations of Trump, especially on alleged tax fraud and money laundering. When exercising the powers of government, opening an investigation of Trump’s tax filings would be as easy as sending a birthday card.

The final and most serious attack on the Biden presidency might come from Donald Trump himself. Trump is not leaving the grand stage quietly. He will do something “big,” “loud,” and “highly critical” of the Biden administration. Trump will be the resistance leader against high taxes, over-regulation, and programs that move the U.S. toward socialism. Perhaps Trump will start the often discussed Trump News Network. It is estimated he has a combined social media following of 87.7 million followers. Fox News only has 3.6 million viewers and the other channels have far fewer viewers.

Trump would dominate the news during a Biden presidency. Under such withering, constant criticism, Biden would have to work with, around or in conflict with, a hostile Senate, a conservative Supreme Court, almost half the nation disagreeing with his policies, his son under criminal investigation, and a 24-hour news channel actively organizing opposition to his presidency.

At a time when Biden will need help from every person capable of giving it, the radical left will push him further and further to the left, leaving him “hung out to dry.” A nightmare for Biden would be for Speaker Pelosi to lose the speakership to a far-left progressive. Unlikely, but worth noting as a possibility.

Trump believes Biden, the FBI, and others in the Obama administration, engineered attacks on him before he was even sworn into office. He believes they continued the attacks for his entire presidency. They manipulated events to have a special counsel to investigate him. They impeached him. There was not a day President Trump was not attacked by his enemies.  Biden will likely be subjected to similar working conditions in his White House.

Welcome, President-elect Biden to American politics 2020.








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  • Implications of WH Claim “The President Is Not A Civilian”

Implications of WH Claim “The President Is Not A Civilian”

William L. Kovacs

August 2020

Implications of WH Claim “The President Is Not A Civilian”

Most days after reading a few newspapers and watching a few cable “news channels,” (liberal and conservative outlets), I ask myself – how does the president of the U.S. believe he can lead a country and honor his oath to defend its Constitution when he is at war with many of its people and laws on a daily basis?

I really do understand that many of our “leaders” break the law on a regular basis but they try to deviate from expected norms in secret so they can continue holding office and appear to have integrity. We Americans are very tolerant of hypocrisy. We have to be. We live under the rules our politicians impose on us but somehow, exempt themselves from compliance.

But lately, Donald Trump’s vicious attacks on protesters for breaking the law, while sticking his disregard for the law smugly in our face, makes silence impossible.

Before proceeding further, I must admit, I voted in 2016 for Donald Trump. I cheered for him as he fought the “Deep State” over its false accusations involving collusion with Russia. His deregulation effort was needed to allow the country to grow again. He was on the path to greatness, even if his tweeting is obnoxious. Unfortunately, his mouth gets in the way of “Making American Great Again.”

A few recent events illustrate this point. His Phoenix and Tulsa rallies and the White House statement explaining why the president need not follow civil law, provide a glimpse of his disregard of the laws all of us are forced to live under.

The July 23, 2020 event in Phoenix, Arizona is a good example of hypocrisy. The President hosted a rally for students amid Arizona’s growing Coronavirus crisis. Trump’s rally did not abide by his own CDC guidelines, and arrogantly disregarded the City of Phoenix’s mandatory mask policy. Moreover, the President himself refused to wear a mask. He should have, even if for no other reason than as an elected official he needs to show respect for laws citizens must live under. Trump has many legal avenues to change laws he disagrees with. He certainly sues on every other believed wrong that pops into his head.

In his Phoenix speech he had the gall to viciously attack protesters for breaking the law, while he was breaking the law as he spoke.  He told his followers they are “smarter” than others and they are the “elite” while having the protests deemed an unlawful assembly at which the police used flashbangs to disperse the crowd.

After the Phoenix event, the press reported that at the earlier Tulsa event, the Trump campaign directed the removal of thousands of “Do Not Sit Here, Please!” stickers on the chairs to ensure social distancing. Trump denied asking for the stickers to be removed. Denials and blaming others is his campaign style.

Is there no end to his hypocrisy?

More concerning, however, is the statement made a few days later by the White House.  “The president is not a civilian” therefore, he does not need to comply with New Jersey’s quarantine law which requires a 14-day quarantine when coming into the state from another state with an increasing number of COVID-19 cases. This statement should scare the living crap out of all citizens – if the president is not a “civilian” leader, then he is a “military” leader.”

[It should be noted that the president canceled the New Jersey trip so he could remain in DC to ensure “law and order.”]

The U.S. has had twelve generals as presidents, e.g. Washington, Grant, Jackson, Eisenhower, each of them led this nation as civilian leaders. Our military is under civilian control until now when a president, who never served in the military, claims he is a military leader of our country.  Supporting these claims, Trump in a  recent ABC interview,  stated he could do whatever he  wants since “A president can run the country.”

Trump’s threats and belligerent actions are legendary from lawsuits to evictions, to refusals to release subpoenaed documents, and involvement in over 3500 lawsuits earning him the title of “Plaintiff in Chief,” according to an article in the ABA Journal.  Even before he was nominated in 2016, he told every reporter who would listen, if he did not get the nomination, “I think you’d have riots.” He went on to say “I think you would have problems like you’ve never seen before. I think bad things would happen; I really do.”

Tuesday, November 3, 2020, can’t come too soon. We citizens are not given many choices by the political elite who view voters as cheap commodities, needed only to win elections and pay taxes. That is all we are worth to them.

As I asked in a prior article – Out of 328 Million People, Can’t We Find Better Candidates than a plagiarizer named “Sleepy Joe” and a narcissist named Trump? Fortunately for Libertarians, they have Jo Jorgensen, as their nominee for president. She is a solid candidate with a practical approach to governing. She is a superstar compared to the two establishment losers. But she needs more than votes from Libertarians. To win and she can win, if she aggressively talks to independents about how a Libertarian president is good for the nation. In Gallup’s May 28 – June 4, 2020 poll – 25% of Americans identified themselves as Republicans; 31% as Democrats and 40% as Independents. The votes are available, now is the time to put in the hard work to get them.