Ding Dong Biden’s Unconstitutional Student Debt Plan is Effectively Dead – Top 3 Takeaways – December 1st, 2022
- Biden’s false premise and failed promise. The student loan forgiveness plan crafted by President Biden’s administration was an artfully crafted fraud. A fraud so well executed it makes FTX’s $32 billion Ponzi scheme look like amateur hour. The administration was so convincing in peddling the fraud, that it had even completed a portal which was rapidly signing up those with student loan debt, over 26 million people in total, who’d thought that magically $10,000 or more of their financial commitments would just go away (at the expense of all other taxpayers of course). The administration was so thorough in the execution of the fraud, they even had already “approved” 16 million for debt forgiveness. Now this plan was so blatantly unconstitutional many believed it was little more than a ploy to attempt to drive the youth vote in the midterm elections, which incidentally appears to have been successful with Gen Z voting for Democrats at a rate that was greater than double what Millennials did at the same age. Anyway, Wednesday night, in one of the least surprising legal decisions ever, a second federal Appeals Court, the 5th US Circuit, rejected the Biden administration's appeal of a federal ruling which suspended the attempted program which had been deemed unconstitutional. What was especially notable was that the ruling, by a panel of Trump and Obama appointed judges was unanimous. While the administration is appealing that ruling, along with another in a separate but related case – to the Supreme Court which they’ve now agreed to hear in February...
- The writing is clearly on the wall. If an Obama appointed judge had deemed it to be unconstitutional, it's rather clear how this story ends in the courts. Additionally, while the high court will take up the case(s) they’ve left the lower court ruling blocking the program in place, which indicates their prehearing perception as to the constitutionality of it. But of course, this was never in doubt. In my August 26th Q&A entitled Why President Biden Can’t Cancel Student Loan Debt I said this: (even) Democrats know Biden’s student loan debt plan isn’t constitutional, House Speaker Nancy Pelosi said as much. It was July 28th, of last year in which Speaker Pelosi said this when questioned about whether President Biden would announce a plan to cancel student loan debt, which was a campaign promise of his. The President Can’t Do it. So that’s not even a discussion. Not everybody realizes that. But the President can only postpone delay, but not forgive. And she was exactly right. The discussion of a President of the United States unilaterally spending hundreds of billions of dollars on student loans isn’t even a discussion – the concept is that constitutionally absurd. Yet, what’s been proven is that your news media is as constitutionally illiterate today as they were then. President Biden retains zero constitutional authority to spend your money without an act of Congress authorizing him to do so. There has been no Congressional action on appropriating funds for student loan debt relief, therefore Joe Biden can sign executive orders until he’s blue in the face or has his next rebound case of Covid, and he’s doing nothing but killing trees. You don’t even have to read that far into the constitution to find this one either. It’s in the first article: Article I, Section 8, Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. Right, so it explicitly states that The Congress shall have the power to pay the Debts... Not the Executive branch, the Congress. Some constitutional arguments can be complicated without formal precedent. Few presented are clearer. There’s not an implication which is open to Judicial interpretation. There’s a literal statement to this effect. Now, if there were a news media which were even remotely competent, this would be the focus of the issue, lest they lead to false hopes, beliefs and angst of Americans. This action will not withstand forthcoming legal challenges and the end result is that...
- This will not happen without an act of Congress. And btw, if by some implausible outcome – this were allowed to stand by the Judiciary, you could kiss this country goodbye because they’d have effectively enabled the Executive Branch to violate the balance of powers enabling Monarch like, or dictatorial powers, as the case would be. I don’t see how the Supreme Court would be cool with that happening, if the case were to get that far. Right, and as we’ve seen from the lower courts, they’re not cool with it either. Even Obama appointed judges. Once again, I’ve not made a career out of being wrong, though it remains stunning to me that so many in news media have. But hey, the republic thankfully remains intact for now and perhaps a few of the 26 million duped by this charade to this point are now aware that there’s no such thing as free government puppies, free candy or free Biden bucks. Just a president who attempts to abuse his power for political expediency and a lapdog news media which often does the same. Hopefully for the duped current and former students, this will be a lesson learned – though it’ll likely be late June before the final SCOTUS ruling on all of this will be in.