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Biden’s Pen and Phone

President Joe Biden signs the American Rescue Plan in the Oval Office at the White House in Washington, D.C., March 11, 2021. (Tom Brenner/Reuters)
At National Review, we won’t let the rest of the media get away with pretending that his executive overreach is just another political disagreement.

Assuming Republicans hang on and claim control of the House of Representatives, President Biden’s prospects for passing major priorities through Congress will be going from difficult to impossible. This can only mean one thing: Pulling out his “pen and phone.”

For those who need a refresher, when Barack Obama found himself frustrated by his inability to pass his agenda through Congress as president, he declared, “I’ve got a pen, and I’ve got a phone.” Biden’s former boss took the strategy of using executive actions to bold new heights on issues ranging from health care to immigration, and Biden has already followed his lead.

In the first two years of his presidency, Biden illegally tried to extend the moratorium on evictions through the CDC and attempted to impose a de facto national Covid-vaccine mandate through OSHA. He abused power by unconstitutionally authorizing $400 billion in student-loan relief and unilaterally rewrote Obamacare to help Democratic prospects ahead of the midterm elections. And that was with his own party in charge in Congress. We can only imagine what his administration will cook up once Republicans gain a veto over his legislative agenda.

As Biden continues his aggressive campaign of executive overreach, we can expect the media to neglect the very real constitutional concerns raised by his decisions, which they will portray as mere policy disputes. As courts rightly strike down Biden’s illegal actions, the media will parrot Democratic talking points and try to chalk it up to right-wing judicial activism from an illegitimate court.

But here at National Review, we won’t let the rest of the media get away with pretending that his executive overreach is just another political disagreement. We will continue to make a defense of the Constitution — and the proper balance between the executive and legislative branches — a central part of what we do. Charlie Cooke will keep on eviscerating Biden’s shredding of the Constitution, while Dan McLaughlin, Andy McCarthy, and a roster of contributors will spell out the relevant legal questions as challenges work their way up the judicial ladder.

That’s why we are asking for your support. We are currently running a webathon to help fund our work of fighting passionately for a responsible conservatism that takes America’s founding values seriously. So far, we are grateful that readers have responded generously, putting us more than half of the way toward our $40,000 goal. If you like what we do and believe that thoughtful, passionate, and unwavering writing in defense of our constitutional system is important, we ask you to consider a donation to put us over the top — $5, $10, $50, $100, $1,000 — any amount will help. Thank you again for reading us.

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