'Cut Constitutional Corners': Six Red State AGs Threaten to Sue Biden for 'Overreaching and Defying Congress'

AP Photo/Evan Vucci

If Joe Biden’s first ten days in office can be marked by any one thing, it is the frenzied pace at which he has signed executive order after executive order.


Simply put, the old dude is making his recent predecessors look like pikers.

As of Friday night, Biden had signed 42 executive orders. His herculean effort dwarfs that of the previous three presidents combined. At the end of their respective first weeks in office, Donald Trump had signed four, Barack Obama, five, and George W. Bush, 0.

As a result, as reported by Breitbart, six red-state attorneys general have sent a letter to Biden, warning that they will file suit if he oversteps his constitutional authority and attempts to implement radical policies, including repeal of existing immigration laws.

The six attorneys general — from Arkansas, Indiana, Mississippi, Montana, Texas, and West Virginia — said in the letter they fear Biden’s executive-order frenzy “appears to indicate” his administration “may be following the unfortunate path of executive unilateralism.” [Barack Obama unavailable for comment.]

“The President cannot cut constitutional corners or shirk statutory strictures without inevitably doing more harm to our country than good. [B]y this letter we respectfully urge you when pursuing your policy priorities to honor the core constitutional tenets which should be appreciated and respected by every person entrusted with the honor and burdens of the presidency.”

“Overreaching and defying Congress will not be rewarded or succeed,” they wrote. “Our States have led the charge in successfully challenging unauthorized and unlawful executive actions, as you know from your years as Vice President.”


And then the warning. “You can be assured that we will do so again, if necessary.”:

“Whether it be directing a wide swath of federal agencies to exceed their limited statutory mandates to implement the extreme ‘Green New Deal’ agenda that Congress has not enacted, making transformative changes to our healthcare system that were specifically rejected in passing the Affordable Care Act, strong-arming businesses into changing practices to adhere to unreasonable and twisted interpretations of long-extant statutes, having the Department of the Treasury and the Federal Reserve conjure up massive boondoggle spending sprees without congressional authorizations and appropriations, usurping the authority of the States to protect local streams, or tearing down immigration statutes passed by Congress by executive fiat, we will not hesitate to defend America against illegal executive actions.”

In other words, Joe, your 10-day power-drunk binge to emulate your former boss’s “I’ve got a pen and I’ve got a phone” threat to rule as an extra-constitutional monarch is already under scrutiny by state officials who would like nothing more than to clip your executive-order wings at the first opportunity.

“When presidents do not take care to ensure that executive agencies live up to their obligation of reasoned decision making, the task often falls to us as State Attorneys General to challenge their actions in court,” they wrote.

“While we would rather you keep agencies from running amok in the first place, we will not hesitate to step up to the plate when our States are harmed by agency malfeasance.”


Then the “stick and carrot” approach.

“We stand ready to meet with your administration to discuss more how the issues … affect our states; litigation is never a first option, and we would like to help your team in its important job on behalf of all Americans, consistent with the Constitution and the rule of law.

“Yet if you sign unconstitutional laws passed by Congress, it will be our responsibility and duty to challenge those laws in court.”

That first line reads like it’s from a collection agency to a delinquent borrower.

“We really don’t want to take you court, so how about you pay up? Heck, we’ll even work with you on issues that might be hindering your ability to pay us what you owe us. But if you don’t pay up? We’re going to sue your pants off.”

Of course, the critical part is follow-through. As is the case with the debt collector and the delinquent customer, if Biden doesn’t knock off the drunk-with-power rule-by-fiat binge, he will justly deserve to have his knickers sued off.

You can read the entire letter here.


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