31/08/2022
An excellent article from The Hill on President Biden’s student loan forgiveness plan. No matter how you slice the cake, the President’s plan is an abuse of power. His legal justification for the plan is that borrowers need loan forgiveness because of the “pandemic emergency”. It’s an interesting argument, considering they argued just a couple months ago that “the pandemic was over” when they wanted to stop enforcing Title 42.
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Some main points from the article:
👉 “Biden knew he could never get Congress to agree to such a massive write-off, so he did not try.”
👉 “This is not supposed to happen in a constitutional system based on shared, limited powers: The Constitution gives Congress the power of the purse, but Biden just gave away the store. James Madison described the essence of our system of separation of powers in Federalist 51 as premised on the belief that “Ambition must be made to counteract ambition.” No branch is supposed to have enough power to govern alone. Biden just did, however.”
👉 “The Biden Office of Legal Counsel issued a new opinion concluding the opposite, due to the ongoing pandemic — a curious argument, since the Biden administration was just in court arguing that the pandemic was effectively over, in order to allow undocumented individuals to enter the country.”
Biden knew he could never get Congress to agree to such a massive write-off, so he did not try.