Daniel Horowitz: Enough Is Enough; 'Red States Must Nullify Biden's Nullification of the Constitution'

AP Photo/Patrick Semansky

Given Joe Biden’s affinity for firing off executive orders as fast as they’re shoved in front of him — along with accompanying index cards that he’s supposed to read aloud so both he and the rest of us can know what he’s signing — the question of “constitutional” — or the lack thereof — is increasingly under debate, and with good reason.


Daniel Horowitz, the senior editor of TheBlaze and host of the Conservative Review podcast, took the argument a step further in a Monday op-ed titled “Red States Must Nullify Biden’s Nullification of the Constitution.”

“What happens when the federal government and some state governments turn against every provision of the Constitution, Bill of Rights, and Declaration of Independence?” Horowitz asked, then answered:

“James Madison foresaw such a day, which is why he designed a multilayered republic with numerous states and counties all under a federal union. Tyranny and lawlessness can persist in some places, but under his design, it shouldn’t persist fully in every part of the country.”

“When the federal government chooses to nullify the Constitution, it’s time for the remaining lawful states to nullify the nullification,” he wrote.

Horowitz suggested that the Biden administration, with the more-than-willing help of the liberal media and blue-state governors, imposed “COVID fascism” on the country, “criminalize[d] free speech and assembly,” and “misuse[d] and abuse[d] our military for what appears to be a fascist junta in D.C.”, while “rolling out the welcome mat” for “rioters in our streets,” and illegal aliens at our border.

“We should be asking ourselves,” he said, “what red states and counties can be doing to push back.” Among his suggestions for the 31 Republican state legislatures:


Block Biden’s mask mandate: Conservatives should push an immediate end to all state mask mandates in the 31 states where Republicans control the legislature.

“Next, in the states with Republican governors and attorneys general, they should take a chapter out of New York’s playbook by criminalizing the enforcement of Biden’s mask mandate on public transportation.

“Biden’s order makes it a federal crime to breathe freely even in a ride-share that doesn’t go across state lines. This is unconstitutional on so many levels. It’s time to criminalize the enforcement of this in the states. […]

Call back the National Guard: The deployment of our National Guard to Washington was a disgrace from day one and was done under false pretenses. The fact that Biden is keeping them there indefinitely is indefensible.

“It is shocking that only eight Republican governors have called back their National Guardsmen, despite them being abused. Pressure needs to be brought to bear on the remainder of those governors to follow suit.”

As reported by CBS News, Army and National Guard officials said last Monday that 5,000 National Guard troops will stay in Washington, D.C., until mid-March in response to “requests and information from other agencies, including the FBI.”

To Horowitz’s point, why?

Discrimination against Trump supporters.

From the permanent suspension of Donald Trump’s Twitter account, along with some 70,000 others, to the de-platforming of Parler by Amazon Web Services, and growing threats of suppression of conservative content on multiple social media platforms, Horowitz says it’s time to fight back — seriously so.


Fight discrimination against Trump supporters: The federal government has now harnessed the full force of law enforcement and the national intelligence apparatus against Trump supporters.

“States must commit to blocking federal law enforcement from arresting people merely for assembling or expressing their opinions.

“They should also file 14th Amendment lawsuits against federal agencies that clearly single out Trump supporters for questioning and investigations.”

Horowitz also called on Republican state legislatures to “immediately terminate all emergency orders” and “pass restrictions on the ability of governors to abuse emergency powers” — as well as “criminalizing the entry of men into female private spaces and women’s sports so that Biden’s unconstitutional order cannot take root in the majority of states.”

Horowitz also discussed Biden’s “unconstitutional overreach” on his last podcast.

In related news, as I reported on Saturday in ‘Cut Constitutional Corners’: Six Red State AGs Threaten to Sue Biden for ‘Overreaching and Defying Congress’, the attorneys general of Arkansas, Indiana, Mississippi, Montana, Texas, and West Virginia sent a direct and to the point letter to Biden last week, 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 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.”

As of Friday night, Biden had signed 42 executive orders, dwarfing the combined efforts 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.


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