A mere 14 months into the Biden Administration, we have a war in Europe, the outcome of which is escalating to a potential nuclear event. We have the highest inflation in decades in our own country and gas prices lead the way. Everyone who drives a car feels the pain. The Administration’s response: drive an electric car or ride the bus … while they all ride around in government-provided SUVs that always have a full tank.
Food prices are rising. We are now seeing images of “bread lines” forming in major cities and people with jobs find that their wages are not keeping up with inflation. The Administration’s response: --- this is all a part of “Putin’s War” … while they cozy up to Sunday dinner in their Delaware beach house with food that has been bought and paid for by the US taxpayers.
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Vaccine mandates are still disrupting supply chain operations impacting truckers whose collective voice is being ignored in Washington despite the downturn in infections across the entire country. Crime is a growing problem in jurisdictions all over the country. And so, on and on …
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And in the middle of all the chaos, the leader of the Progressive Caucus in the U.S. House of Representatives, Pramila Jayapal (D) Washington, has called on Joe Biden to completely stop oil and gas exploration and pumping while imposing “clean energy” mandates on all the citizens of the country.
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In December of ’21, the Daily Mail published the following Headline, Progressive Rep. Pramila Jayapal doubles down on her bid to have Biden use executive action to pass his $1.75 trillion Build Back Better plan and tears into Manchin's 'stunning rebuke of his own party's President'.
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This has been amplified recently by the Progressives doubling down yet again with recent comments like: “I don’t think there is a problem in us saying that this is our moment, as a country and as a world, to deal with issues of climate,” said progressive Rep. Lisa Blunt Rochester, D-Del., before driving off from the Capitol in her new white Tesla Model 3. And Jayapal again stated in a recent interview as reported by NBC News: Progressive Caucus Chairwoman Pramila Jayapal conceded that how Democrats talk about the climate crisis during a horrific, violent war is “definitely a needle to be threaded.” But she said she has been making the case, in TV interviews and press conferences, that this is a crisis Democrats should capitalize on to preserve the planet — and democracies around the world like Ukraine.
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So, we see an opportunity for a solution … we see that the way to end this mayhem is coming in November of ’22 when Republicans take back the House and gain a clear majority in the Senate --- OR IS IT? Let’s review what the Democrats are saying: Pramila Jayapal doubles down on her bid to have Biden use executive action to pass his $1.75 trillion Build Back Better plan … the operative words here are EXECUTIVE ACTION!
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Assuming a red wave success in November and the gavel in the House taken from Pelosi and success is achieved in the Senate with additional seats picked up by the Republicans --- then what? The Republicans in both houses go to work trying to repair the damage done by Biden and his Progressive agenda supporters. So, they pass legislation in the House … and it passes in the Senate … and it goes to the President to sign into law --- OR DOES IT? Recalling Civics 101, …
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… when a bill hits the President’s desk, one of several things can happen. He can sign it, but that is not likely in this case OR he cannot sign it, in essence vetoing it, a much more likely scenario for a bill coming to this president’s desk from a Republican Congress. Here is what the Constitution says about that:
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States: If he approves, he shall sign it, but if not, he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a Law. --- U.S. Constitution, Article I, Section 7, clause 2
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So, it’s important to note that the Constitution does not have a process called VETO --- the President simply does not act, something we have all become accustomed to with Biden --- returning the bill to the House or the Senate depending on which body initiated the bill.
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Now, the Constitution has a process for overriding the President's “Veto.” Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate. (Usually, an act is passed with a simple majority.) This check prevents the President from blocking an act when significant support for it exists. Two-thirds is a high standard to meet—broad support for an act is needed to reach this threshold. The President’s veto power is significant because Congress rarely overrides vetoes—out of 1,484 regular vetoes since 1789, only 7.1%, or 106, have been overridden. It should be noted that, in addition to the veto, the President does not have to act on the bill nor does he have to send it back. If he does not act and Congress is in session, the bill automatically becomes law.
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To have the votes necessary to override a Presidential veto, the House Republicans would need to win and occupy 290 seats – as it stands today, in ’22, they would have to retain all the seats they have and flip 77 seats. Current political punditry estimates that the Republicans can flip something in the realm of 60 seats. In the Senate, the situation is a little different with only 100 seats. A two-thirds majority to override a veto requires 66 votes. That means the current 50/50 split of the Senate would require the Republicans to flip no less than 16 seats. In ’22, there are 20 Republican and 14 Democrat seats up for election. Flipping 14 seats and retaining the current 20 Republican seats is a very tall order even in a red tsunami. And even if all 14 Democrat seats were taken, the Republicans would still be short two seats to reach 66 seats for a two-thirds veto override.
So, the midterms are shaping up to be a political stalemate at best.
More than ever, Congress will have to exercise the Power of the Purse to stop the Executive Order onslaught that can be anticipated when the Democrats lose the House and Senate. We need only to reflect on the demands of the Progressives in Congress to expect that Joe Boden can still drag us all down a rabbit hole …
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… that could destroy America. The damage done in his first 24 months could easily be eclipsed in his final 24 months and Congress needs to be prepared to cut him off at the financial pass. DEFUNDING EXECUTIVE ORDERS will be the only way to slow Biden down – and that is a task that falls to Congress. Failure to do so will result in irreparable harm to the country … harm we may never recover from.
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Marc A. King was a 2018 Republican nominee for a seat in the Maryland Legislature from Legislative District 15. Marc has continued his political activism by providing blogs related to a variety of political activities at the Federal, State and Local level. A retired Army Lieutenant Colonel he transitioned from the position of President, Ceradyne Armor Systems, Inc., and provides advice and assistance to defense contractors as the President and CEO of KGV Enterprises, LLC, a Defense Strategies Consultancy. You can find Marc's articles here.
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