(UnitedVoice.com) – Once again, the federal government under the Democratic leadership is preparing to use the power of the purse to control state sovereignty. On Monday, August 30, the Department of Education announced it’s opening a civil rights investigation into five states over prohibitions of universal indoor public school masking. However, the action is likely a violation of the 10th Amendment and Supreme Court precedents.
Over the last several months, President Biden tore into Republican governors for what he called “Neanderthal thinking.” For 18 months, Democrats talked a big game about following the science yet perpetually followed the politics of fear-mongering. Like a good Democrat, US Secretary of Education Miguel Cardona stated it’s “unacceptable that state leaders are putting politics over health and education.”
Isn’t that, in and of itself, a political statement? Compounding matters, Biden recently said the federal government would illegally subsidize state employees who break the law, an overtly political stunt aimed at Florida and Texas at the time. Now, he’s going after five other GOP-led states, threatening illegal action as well.
The Politics of Federal Power
Biden is on a power trip: he’ll do anything and everything possible to undermine GOP-led states from exercising their Constitutional powers. His unity rhetoric is long gone in the wake of his fake promises, and the president is wading into uncharted territory. It’s par for the course for a lawless president who’s grown more ideological and partisan over the last eight months.
On Monday, the Education Department announced it’s investigating five Republican-led states over their anti-mask policies. The education agency says it wants to know if schools discriminate against students with health conditions and disabilities.
Isn’t that rich?
During the pandemic, Democrats didn’t have a problem discriminating against churches despite Constitutional protections otherwise. Both then-Attorney General William Barr and the US Supreme Court overturned Democratic governors’ mandated church shutdowns and warned them the pandemic didn’t sideline the Constitution. It took an act of the High Court to eliminate the discriminatory anti-religious policy.
Dept. of Education Ignores the Constitution
Democrats are struggling with the same issue during the height of the pandemic. How does one balance public health with the Constitution? The Biden administration is already the most lawless presidency in modern US history, or perhaps all of American history. By going after Iowa, Oklahoma, South Carolina, Tennessee, and Utah, the federal government is making a mockery of the 10th Amendment. That’s par for the course, but is it legal?
The administration argues the five states are discriminating against students with disabilities who are prone to contracting COVID-19. If states don’t comply with the federal government’s demands that students mask up, the administration threatens to cut off federal funding for education as a form of leverage.
Why is this wrong?
First, according to their thinking, are they considering the risks of masks and the potential long-term disabilities of “all” students wearing masks? Second, one year ago, Democrats argued former President Donald Trump couldn’t threaten to withhold federal funds from schools. The argument was right then, and it’s right now. In 2012, the Supreme Court ruled in the National Federation of Independent Business (NFIB) v. Sebelius, saying the federal government cannot violate the 10th Amendment by coercing the states to cede powers not given to the Feds.
Once again, the Biden administration threatens to take lawless action. It’s all just more ‘sound and fury,’ but these coercive, threatening, and indefensible words still signify nothing meaningful in the end analysis — they are meaningless.
Ultimately, the courts will likely have to reinforce the Supreme Court precedent.
Don Purdum, Independent Political Analyst
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