On January 27, 2017, Trump signed Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States” which barred travel originating from countries with a history of terrorism. The order was branded the “Muslim ban” by the media (even though the countries had been previously identified by the Obama administration) and was immediately challenged in the courts. And when I say immediately, I mean that between January 28th through the 31st of 2017, nearly 50 cases were filed in federal courts, and a temporary restraining order was imposed by the courts, which was only the beginning of a prolonged battle over the controversial executive order.
Fast forward to today, and I can’t help but wonder where all the legal challenges to Biden’s executive orders are. Joe Biden has plenty of executive orders and executive action that deserve to be challenged. So, where are they? Where are all of the challenges? Where are the federal judges issuing injunctions? Didn’t President Trump reshape the judiciary by nominating constitutionalist judges? We should really be taking advantage of them now, don’t you think?
Some of Biden’s orders are blatant violations of the Constitution.
For example, on his first day in office, Joe Biden recommitted the United States to the Paris climate agreement. He legally cannot do this. The United States was never legally a part of the Paris climate accords, and Biden’s action, like Obama’s before him, usurped the constitutional authority of the United States Senate to ratify treaties.
And yes, it is a treaty.
The United Nations describes the Paris Agreement as “a legally binding international treaty on climate change,” and it also meets the definition of a treaty under the Vienna Convention on the Law of Treaties, which states that a treaty is “an international agreement concluded between [two or more] States in written form and governed by international law.”
The U.S. Constitution clearly states in Article II, Section 2, Clause 2 that the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur.”
Joe Biden is also looking to join the Iran Nuclear Deal—another treaty, unilaterally and unconstitutionally joined by Barack Obama, that President Trump got us out of. Considering the lack of action we’re seeing, he’ll probably get us back into that again… illegally (again)… without any significant pushback. Do we really want to wait for the next Republican president to take office for someone to do anything about this? If H.R. 1 passes, we may never see another Republican president again.
So the question remains, what are we willing to do right now about Joe Biden’s dictatorial governance? He has signed a record-breaking number of executive orders, including the halting of the Keystone XL pipeline, the destroying of women’s sports, amongst many others that check off items on the radical left’s wish list.
“I watched Biden sign these executive orders like Benito Mussolini handing out declarations,” Mark Levin said last month. “[Meanwhile,] they are trying to have an ideological court system. That violates separation of powers. This is Article I attacking Article III. The federalization of state election laws in this H.R. [House Resolution] 1 that Nancy Pelosi has been pushing to turn the states into California so they can never lose an election — the Democrats — that violates Article II Section I, Clause II of the Constitution.”
So… where are the legal challenges? Where are the conservative groups filing lawsuits? They should have been waiting in the wings before Biden took office, jumping on every single action he took, and I can’t for the life of me understand why they haven’t. It seemed like any time President Trump issued an executive there was a legal challenge and a leftist federal judge anxiously waiting to get in the way.
If the right doesn’t respond in kind to defend the Republic, what good are they? We need to see some action and some results — quickly.
Matt Margolis is the author of Airborne: How The Liberal Media Weaponized The Coronavirus Against Donald Trump, and the bestselling book The Worst President in History: The Legacy of Barack Obama. You can follow Matt on Twitter, Gab, Facebook, MeWe, Heroes, Rumble, and CloutHub.