Contempt for our Constitution

President Joe Biden (D) has canceled thousands of dollars of student loan debt with a few swipes of his Executive Order pen. Lay aside the amorality of that, and lay aside, too, the enormous cost of his move.

It’s blatantly illegal.

January 2021…the Department of Education issued a legal memo saying the education secretary “does not have the statutory authority to cancel, compromise, discharge, or forgive, on a blanket or mass basis, principal balances of student loans, and/or to materially modify the repayment amounts or terms thereof.”

House Speaker Nancy Pelosi (D, CA) Biden didn’t have the power to cancel student debt.

That has to be an act of Congress…the president can’t do it. That’s not even a discussion.

Only the Congress can specify the spending—or lack of spending—that the Federal government engages in. No President can do that unilaterally.

It’s also a cancelation of existing contracts, both without consultation with and acceptance by the contracts’ counterparties, it’s done without compensation to those counterparties. These are Federal loans to the students, though, doesn’t that make the Federal government the counterparty? No. It’s We the People, the taxpayers, who floated these loans and who will lose from their unilateral modification. The Federal government only acted in our name.

It’s what we have an elected legislature for, and a legislature that is the sole source of legislation, and the House of Representatives in particular that is the origin of spending bills.

I’m reminded of the remark made by a future philosopher: I am altering the deal. Pray I do not alter it any further.

This is Biden’s Woodrow Wilson-esque contempt for and disregard of our Constitution. That document and statutes that implement it are to be themselves laid aside whenever they’re inconvenient.

Chamber of Commerce and the Progressive-Democratic Party

The US Chamber of Commerce decided in 2020 to endorse a number of first-term Progressive-Democratic Party Congressmen on the theory that Party would control Congress after the elections and in the expectation, tacitly agreed to if only by their silence, by those Party endorsees. Fifteen of those twenty-three first-termer endorsees were reelected.

So, how’d they do regarding Chamber of Commerce wishes and expectations?

Every one of the 15 voted for the $1.9 trillion spending bill in March 2020, despite Chamber opposition to sweeping jobless benefits that stoked labor shortages and stimulus checks that fed inflation. They also voted for the PRO Act, a radical pro-union rewrite of labor law.

That’s no-for-two, so far.

Now comes President Joe Biden’s (D) Build Reduced Back Act, just passed by the Party-controlled Senate and tossed over to the House, which likely will vote on it by the end of this week—that’s tomorrow, or maybe (unlikely) Saturday.

The chance of Democratic defections is slim. Despite aggressive Chamber lobbying, all 15 rolled over for the $3.5 trillion Build Back Better bill last year, so they are unlikely to oppose something that has Senator Joe Manchin’s (D, WV) approval.

Did the Chamber miss? No, those folks knew what they would be getting.

…most of the Chamber Democrats had a voting record of hostility to business.
Twenty had voted in the previous Congress for a bill to abolish right-to-work states. Eighteen voted for a $15-an-hour federal minimum wage. Nearly all had publicly expressed support for scrapping the 2017 corporate tax reform, and for new climate, banking and healthcare regulations.

This is what anyone can expect from a Party politician. And from a political power-driven weather vane Chamber of Commerce, which has shown through its incompetence that it is no friend of American business or businesses.

Climate and Party

Here is the Progressive-Democratic Party’s goal with the Build Reduced Back Act just passed unilaterally by Party in the Senate and about to be passed unilaterally by Party in the House, in a nutshell as summarized by the Wall Street Journal:

[It] won’t reduce inflation, won’t reduce the budget deficit, and it won’t reduce the world’s temperature. What it will do is transfer some $369 billion from taxpayers and drug companies to the pockets of green energy businesses and investors.

Notice that. The Act isn’t about correcting the planetary climate. Never mind the arrogance of claiming the US can impact the planet’s climate when the People’s Republic of China and India are rapidly expanding their use of/dependence on fossil fuels and the associated alleged pollution output of CO2, or that Africa cannot switch to “renewable” energy. It’s strictly about passing billions of American taxpayer dollars to the Climate Funding Industry in return for (Party hopes) Climate Funding Industry campaign funding, votes, and political power maintenance/enhancement.

Because Housing Price Inflation Isn’t High Enough

California State Senate Leader Toni Atkins (D) wants to exacerbate it with $10 billion more thrown at the State’s housing market to create even more buying demand for this supply-limited product.

Democratic State Senate Leader Toni Atkins on Wednesday unveiled details of a proposal she’s pushing to create a revolving fund that would provide interest-free loans for up to 30% of the purchase price of a home for low- and middle-income households.

Even spreading the money over 10 years would throw $1 billion per year at a housing market that’s already suffering enormous inflation—nearly 12% just since last August—due to the limited supply of houses for sale vs the burgeoning number of buyers, both institutional (viz., Blackrock) and individual.

That won’t add to the inflation of housing cost will it?

Local Control vs Federal Funding

Tennessee’s General Assembly is considering a bill that would indemnify teachers and all other employees of public schools and local education agencies against civil liability or “adverse job actions” if they refer to a student by pronouns consistent with his biological sex rather than by his preferred gender pronouns. The General Assembly’s Fiscal Review Committee noted that the bill

could violate Title IX and would put at risk the state’s federal funding, which for the current school year is more than $5 billion.

That’s the important aspect of this bill, and it has much broader implications for all State-level legislative actions. The $5 billion might seem like a lot of money for a State, but it pales against the long-term cost outcomes of a State accepting any Federal funds under any guise: the more money a State accepts from the Federal government, the more control over its own internal affairs the State surrenders to the Federal government.

The Feds are acting entirely legitimately when they attach strings to the money they provide the States, or to any non-State entity. Anyone providing money to anyone or anything else naturally gets to specify the manner and purpose for which the money is to be used. It’s the existence of those strings, not what they require, that should give States pause in the decision to accept any of the Federal government’s money.

In the end, States that want to retain control of their own intra-State affairs should reject Federal funds transfers—and join with other States in efforts across the legal spectrum to end Federal transfers of State tax remissions to other States altogether except in the event of an emergency declaration. Nor should any exceptions to the bar be allowed: once carve-outs are begun, in very short order, the bar will be so exception-ridden as to cease to exist in any meaningful form.