Joe Biden’s Vaccine Mandate Is Blatantly Unconstitutional

In one of the most overtly authoritarian orders imposed by a president in decades, Joe Biden issued a sweeping series of vaccine mandates on September 9, a move that could affect as many 100 million Americans. Under Biden’s rules, federal employees, employees of federal contractors, and Americans employed by a health-care facility receiving Medicare or Medicaid funding will all be required to receive a COVID-19 vaccine or submit a COVID-19 test each week.

Even more troubling, Biden’s order requires that all employees of private businesses with 100 workers or more must also comply with the vaccine mandate, regardless of the quality of existing safety measures, vaccination rates, or the proportion of the workforce that has obtained natural immunity. Businesses that refuse to comply with the new order will be fined $14,000 per violation, which means some larger businesses could theoretically be fined millions of dollars in just one week for failing to fulfill the terms of Biden’s order.

These demands issued by Biden, who had promised he would not mandate vaccines, are nothing short of an authoritarian power grab by a floundering president whose short time in office has been marred by one failure after another. The fact is, there is not one shred of evidence to suggest the Constitution provides the executive branch with the power to issue a national vaccine mandate, and no amount of fear-mongering will ever change that.

The Constitution lays out the powers granted to Congress and the president in Articles 1 and 2, and in neither section does the text indicate that regulating public health is a responsibility of the federal government.

Article 1, Section 8 does indicate Congress has the authority “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 even in an extremely broad reading, this passage can only reasonably be interpreted to give Congress the power to tax and spend money on programs meant to benefit the nation, such as an interstate highway. The text here says nothing about giving Congress the power to restrict personal health choices.

Some have tried to claim that the Supreme Court has already determined that a vaccine mandate like the one issued by Biden is legal, but that is also completely false. The court decision that is nearly always cited as proof of this claim is a case from the early twentieth century called Jacobson v. MassachusettsIn that case, the Supreme Court upheld a Massachusetts law that allowed local governments to impose vaccine mandates on their populations. Those who failed to comply with the mandate could be fined $5.

In Jacobson, the Supreme Court ruled, “The authority of the State to enact this statute [a vaccine mandate] is to be referred to what is commonly called the police power — a power which the State did not surrender when becoming a member of the Union under the Constitution. Although this court has refrained from any attempt to define the limits of that power, yet it has distinctly recognized the authority of a State to enact quarantine laws and ‘health laws of every description;’ indeed, all laws that relate to matters completely within its territory and which do not, by their necessary operation, affect the people of other States.”

Notice that the Supreme Court in Jacobson is only examining a state’s authority to issue or permit vaccine rules and other public health mandates, not the federal government. This is a vital point, because the legality of Biden’s vaccine mandate hinges on the powers given to the federal government, not to state and local governments.

The Founding Fathers believed public health regulations, like most other policies, ought to be crafted at the state and local levels, a view clearly articulated in the 10th Amendment, which declares, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Because Articles 1 and 2 do not indicate that regulating vaccines or public health is a power invested in the federal government, the right to make such rules is “reserved to the States … or to the people.”

When confronted with these arguments, the Biden administration has insisted it has the power under the Occupational Safety and Health Act of 1970 to force medium and large private employers to enact a vaccine mandate on the government’s behalf.

It is true that the act, which established the Occupational Safety and Health Administration (OSHA), includes maddeningly vague language about the federal government’s responsibilities under the law. But however vaguely defined OSHA’s powers are, they cannot ever be interpreted to supersede the Constitution, which remains, contrary to the actions of President Biden, the supreme law of the United States.

Because all federal statutes must be interpreted within the bounds of the Constitution, and because the Constitution does not give the federal government the authority to regulate public health issues like vaccines, instead reserving it for states and citizens, there is no legal basis for the claim that the Occupational Safety and Health Act grants President Biden the right to coerce people into getting vaccinated.

There’s a reason no president in American history has ever issued a national vaccine mandate like the one imposed by the Biden administration: it is apparent that such a rule is a clear violation of the Constitution’s Tenth Amendment provision, as well as a proper reading of Articles 1 and 2. Unfortunately, Biden doesn’t seem to care about upholding his oath to protect and defend the Constitution. It’s much more important for him to shift the focus away from his administration’s horrendous performance, no matter the cost.

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The Joe Cozzo Show – Social Media Has Changed Everything 9/16/21

Are you on social media a lot? When was the last time you checked Twitter, Facebook, or TikTok? Last night? Driving in your car? Five minutes ago? It’s changed everyone’s lives, maybe for the worse.

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Joe Biden Cuts Shipments of Life-Saving COVID Treatment to Florida Without Notice Because He’s Happy to Kill You to Make a Point – RedState

As we’ve noted from the very beginning of this pandemic, the measures taken by the federal government and some state governments have nothing to do with public health and everything to do with curtailing civil liberties using the Wuhan virus as a stalking horse. To date, there is scant evidence that lockdowns do anything beyond trashing the economy. There are no systematic trials of the efficacy of “social distancing,’ or why 6 feet is superior to 3 feet. We don’t know why the virus will attack people late at night, at liquor stores, or while walking through restaurants but not while eating. No one knows why and how unvaccinated people can infect vaccinated people if the vaccine is effective. The best mask study shows masks, paper and surgical, marginal best-case efficacy in reducing infection (paper masks could, within the study’s confidence interval, actually increase infection) and no effect upon hospitalization. There has been a rush by pharmaceutical giants with battalions of lobbyists to produce a vaccine, and now booster and boosters of boosters of boosters might be necessary.

What is notable about this effort so far is that no effort is being devoted, as least so far as one can find, to developing therapeutics to help reduce the impact on hospitals. Instead, whenever anything is proposed to alleviate the symptoms of the Wuhan virus and speed recovery, the medical establishment and the public health “community” react to it very much like a vampire reacts to a crucifix and holy water. This has gone so far as state regulatory agencies forbidding pharmacies to fill prescriptions for ivermectin issued by physicians.

One area that has shown significant promise is the use of monoclonal antibody drugs like REGEN-COV made by Regeneron.

Four states, Florida, Texas, Mississippi, and Alabama use about half of the production of this drug mostly because the state governments have publicized its effects and made treatment widely available. For example, Florida has 25 free REGEN-COV sites.

One would think that having a therapeutic, that was proven safe and effective in reducing hospital stays or allowing outpatient treatment would be a good thing. One would think that a governor promoting such a treatment, and providing it for free, would be celebrated. But that would mean you wanted to actually mitigate the effects of the Wuhan virus and save lives and not try to sow panic to increase the power of government.

The Biden administration is imposing new limits on states’ ability to access to Covid-19 antibody treatments amid rising demand from GOP governors who have relied on the drug as a primary weapon against the virus.

Federal health officials plan to allocate specific amounts to each state under the new approach, in an effort to more evenly distribute the 150,000 doses that the government makes available each week.

The approach is likely to cut into shipments to GOP-led states in the Southeast that have made the pricey antibody drug a central part of their pandemic strategy, while simultaneously spurning mask mandates and other restrictions. That threatens to heighten tensions between the Biden administration and governors like Florida’s Ron DeSantis, who have emerged as vocal opponents of the federal Covid-19 response.

President Joe Biden has sharply criticized DeSantis and others for resisting efforts to encourage mask wearing and ramp up vaccinations, vowing in a speech last week that if “governors won’t help us beat the pandemic, I’ll use my power as president to get them out of the way.”

That’s right. Biden has intervened to restrict shipments of a drug that few other states are using, and perhaps none as aggressively as Florida, simply to punish high-use states for not kowtowing to Biden’s personal commands.

Just a week ago, on September 9, Biden promised to increase the shipment of REGEN-COV by 50% and to provide it to states without charge.

Behind the scenes, HHS had assured Florida’s Department of Health that no changes were coming to Florida’s allocation. Then the hammer came down. This is the timeline as provided to American Commitment’s Phil Kerpen by Florida:

August 29: The state was informed that if we agreed to switch to the “dose pack” distribution Florida could receive 25,000 dose packs (50,000 doses) weekly for 3 weeks, through September 19. FDOH agreed to receive the dose packs and vendors accepted delivery the following week. To date, Florida has yet to receive 50,000 doses per week.

September 3: HHS released the update on the mAb ordering process indicating that orders would be reviewed to ensure 70% utilization rates. All state sites in Florida meet that threshold. Therefore, had no reason to believe that our state’s supply would be cut, and no indication of that from HHS.

September 9 – President Biden announced his Path Out of the Pandemic: six-pronged, comprehensive national strategy to combat COVID-19.

“The Administration will increasethe average weekly pace of shipments of free monoclonal antibody treatment to states by a further 50% in September, continuing to accelerate the federal government’s efforts to deliver lifesaving COVID-19 treatment.”

September 13: HHS announces they’re taking complete control and doing weekly distributions for all states and territories

September 13 PM: FDOH communicated to HHS the weekly need for just the 25 state-run sites of about 36,000 doses. When HHS mentioned the state receiving the order for all state sites and distributing, FDOH specifically asked if such a shift would apply to all facilities in the state providing treatment. HHS stated this was not the case and did not provide any indication of any upcoming limitation to supply, just that they were monitoring more closely.

September 14: HHS sent an email to all stakeholders nationwide indicating that a shift to an allocation strategy had occurred on September 13. HHS informed that Florida’s allocation for the week of September 13 would be 3,100 doses of BAM/ETE and 27,850 doses of REGN-COV. Clearly contradicting recent and previous guidance from HHS, this was the first and only indication that Florida would receive a decreased supply and would be responsible for allocating among all facilities.

Just like that, Florida loses some 6,000 daily doses from its previous usage.

There is literally no problem with “equity” because Regeneron says it can produce enough drugs to cover the demand.


Not only has HHS taken control but they have thrashed Florida’s distribution system. The state was only acquiring drugs for the 25 state-managed sites. Hospitals and clinics bought their own. Now HHS demands that the state health department ration doses to all providers, cutting them off from their suppliers, while, at the same time cutting the state-wide allocation.

It is impossible to interpret this move as anything but what it is. It is a brutal and shameless exercise at mass punishment, including capital punishment, of citizens of states governed by people opposed to Joey SoftServe’s policies. The 72,000 weekly doses Florida (they are now getting 30,950) needs have been shorted will result in thousands of unnecessary hospitalizations and hundreds of deliberately caused deaths. The only purpose is to try to damage Governor DeSantis politically and to prolong the Wuhan panic. This is not government. This is the worst sort of totalitarian oppression. As I’ve said for years, the left is literally willing to kill you to prove a point.

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Joe Scarborough Suppresses Most Serious China-Call Allegation Against General Milley

Gen. Li, if we’re going to attack, I’m going to call you ahead of time. It’s not going to be a surprise.” — Joint Chiefs Chairman Mark Milley to Chinese counterpart, as reported by Bob Woodward and Robert Costa.

That is, by far, the most serious charge against Milley the media have highlighted from Woodward and Costa in their forthcoming book, Peril.

If substantiated, it means that behind the back of the President and Commander-in-Chief, Milley agreed to give a foreign adversary advance notice of an attack. That would constitute an egregious dereliction of duty, and a violation of the core constitutional principle of civilian control of the military.

Yet in defending Milley on Morning Joe today, Joe Scarborough outrageously suppressed any mention of that allegation. Instead of admitting that Milley allegedly agreed to tip off China in advance of an attack, Scarborough cast Milley as issuing stern warnings to China.  As Scarborough described it:

All he did was pick up a phone and say, hey, listen, don’t take advantage of the United States. Don’t even think about it. If you do, you’ll be sorry. 

Scarborough wasn’t telling the truth. If Milley did warn China not to take advantage of the United States, that’s certainly not “all he did,” allegedly. Again, as reported, Milley promised to give China advance warning of an attack, so that it would not “be a surprise.” That’s not defending the US. It’s undermining it.

And for that matter, upon what does Scarborough base his claim that Milley warned China it would “be sorry” if it tried to take advantage of the situation in the US? The article on the matter in the Washington Post, for whom Woodward and Costa write, makes no mention of any such warning.   

Two additional observations:

–Mika quoted Milley’s Pentagon spokesman’s statement, supposedly defending him. But in a glaring omission, the spokesman didn’t deny the central charge against Milley: that he promised to tip off the Chinese to an impending attack. If that allegation were untrue, you can assume that the spokesman would have shouted his denial from the rooftops.

— Joe and Mika were outraged that some Republicans, including Donald Trump and Marco Rubio, have accused Milley of treasonous behavior. Scarborough called them “idiots” for doing so. Whatever the merits of the treason allegation, at least the Republicans had the guts to call out Milley by name. In contrast, Joe and Mika presumably thought they were being cute in claiming “treason does apply to several people in Washington,” and “treason is a word that can be used in Washington these days.” But it’s a cowardly calumny to accuse people of treason—a crime punishable by death—without naming names.

We can guess they’re referring to rioters on January 6…and the Republican politicians they see as enablers. 

Joe Scarborough suppressing the most serious allegation against General Milley—that he promised the Chinese to give them advance warning of a US attack—was sponsored in part by Allstate, USPS, AT&T, and Sleep Number.

Here’s the transcript.

Morning Joe
6:13 am EDT

MIKA BRZEZINSKI: The White House is defending Chairman of the Joint Chiefs of Staff Mark Milley against calls from some Republicans to charge him with treason.

JOE SCARBOROUGH: Oh: what idiots.

. . . 

JEN PSAKI: I don’t think the president is looking for the guidance of members of congress who stood by while the, their, the president of their par — the President of the United States and the leader of their party fomented an insurrection and many of them were silent.

MIKA: I think that kind of counts them out as sort of not—I don’t know, what’s the word—credible!

SCARBOROUGH: Treason! Treason does apply to several people in Washington.

MIKA: It sure does! 

SCARBOROUGH: And General Milley is one of the last.

MIKA: Treason is a word that can be used in Washington these days.

. . . 

General Milley has come under criticism this week after details surfaced of two phone calls he made to a Chinese general late last year, without former President Donald Trump’s knowledge. The calls were reportedly meant to reassure Beijing that efforts were in place to prevent the outgoing president from potentially ordering a missile strike against China. Those revelations are outlined in an upcoming book by Washington Post reporters Bob Woodward and Robert Costa. 

In a statement, a spokesperson for the Joint Chiefs of Staff writes in part:

“General Milley regularly communicates with the chiefs of defense across the world, including China and Russia. These conversations remain vital to improving mutual understanding of U.S. national security interests, reducing tensions, providing clarity and avoiding unintended consequences or conflicts”.

. . . 

SCARBOROUGH: These people who are accusing him of treason for calling up the Chinese and saying, hey, everything’s fine. This is democracy. It’s messy. Don’t take advantage of us. You don’t want to try to take advantage of us at this moment. If you do, you’ll feel sorry. And you’re not going to have the excuse to say, oh, they were about to attack us. 

. . . 

Here this guy takes steps to defend America, to let China know that we’re just fine. Don’t take advantage of this situation. And now they’re – they’re saying he’s treasonous?

. . . 

All he did was pick up a phone and say, hey, listen, don’t take advantage of the United States. Don’t even think about it. If you do, you’ll be sorry. 

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The Joe Cozzo Show – Secession Is Inevitable 9/15/21

No matter how you slice it, the Democrats and Republicans will never see eye-to-eye. The differences are too extreme. One party wants to change America and its core values, and the other party wants to keep it.

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Joe Biden Forgets Australian Prime Minister’s Name, Refers to Him as “That Fellow Down Under” (VIDEO)

Joe Biden on Wednesday delivered remarks about a new national security initiative and was joined ‘virtually’ by Australian Prime Minister Scott Morrison and UK Prime Minister Boris Johnson.

Biden made an announcement of a joint deal with the UK and Australia on advanced defense tech sharing.

Dementia Joe forgot the Australian Prime Minister’s name and just referred to him “that fellow down under.”

“I want to thank that fellow down under. Thank you very much, pal,” said Biden after struggling to remember Scott Morrison’s name.

TRENDING: New Missouri COVID Whistleblower: HOSPITALS are LYING to the public about COVID… and I CAN PROVE IT


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“I’m Running Because Joe Biden Brought Me Here”

“I’m Running Because Joe Biden Brought Me Here” – Former Intelligence Officer Matt Shoemaker Is Running for Congress in Ohio’s 7th District

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ROGER STONE SERVED by DEEP STATE While Speaking on Air with TGP’s JOE HOFT (Audio)

(Above and cover photo from when Roger Stone was served papers at his home in Florida in January 2019 by the Mueller gang.)

You’ll only find this at The Gateway Pundit (TGP).  This morning Roger Stone was served papers in another outlandish lawsuit originating from the corrupt Deep State while he was speaking with Joe Hoft from the Gateway Pundit on air at St. Louis radio station Real Talk 93.3.

Roger Stone was a guest this morning at “Tomorrow’s News Today with Joe Hoft and Kell Brazil” at St. Louis conservative talk radio station Real Talk 93.3.  Stone was excellent as usual and as sharp as can be.  He discussed the many cases of abuse and injustices that he suffered as a result of the evil and corrupt agencies in Washington DC during the Trump years.

Stone shared about how he turned to Jesus when all his options were gone and the importance of his rejuvenated connection with God.  He doesn’t care what the left says about this relationship because he knows it’s right.

TRENDING: HUGE: Uttar Pradesh, India Announces State Is COVID-19 Free Proving the Effectiveness of “Deworming Drug” IVERMECTIN

Stone then talked about how he is being hounded now by a group of far-left lawyers out of Washington DC.  He wrote about this experience in an exclusive report at TGP a few weeks ago.

EXCLUSIVE: ROGER STONE Hits Back Against Left-Wing Lawfare Using the Courts Against Him and His Ailing Wife

Today while Stone was discussing current events on-air with Joe and Kell at 93.3, there was a knock at his door.  Stone was being served again in a filing out of Washington DC where he will never get a fair trial.  Stone invited his interviewers and the Real Talk 93.3 audience to listen in on the discussion while the man at his doorstep served him papers.

The discussion was short but here is what was heard.

Stone: Hold on a second, I have a process server at my front door about to serve me in the latest lawsuit.  I’m going to take this live on your radio show…

Stone: [to man on his doorstep] Good morning sir, how are you?  Terrific.  Yes of course I’ll be happy to accept your … oh yes, a civil court in the District of Columbia.

Server: [incoherent] Federal

Stone: It’s still a fraud, doesn’t matter.   Thank you sir.  Alright, I’ve just been served in the January 5 lawsuit. Live right here on your radio show.

Stone: This is a big, big stack of papers which is good, because we’re out of toilet paper today… Like I said, this is lawfare.  It’s harassment.

Here is an audio of the event.

Roger Stone and his family have suffered under the corrupt legal system in Washington DC which uses court cases to harass and bankrupt innocent Americans.  This evil no doubt has affected his family and now his wife has stage 4 cancer.   Roger and his family need your help and would appreciate all prayers and donations you can share.

Most of the truly effective holistic and homeopathic, all-natural therapies to boost cancer patients’ immunity such as intravenous vitamin infusions as well as specifically developed THC/CBD therapy are expensive.  Friends and patriots who want to support Stone’s wife, Nydia, in her epic struggle with cancer can contribute at

Please help Roger Stone and his family with prayers and donations as they fight against evil and the attacks from Left-Wing Lawfare groups, the media, and the US government.

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Afghanistan Withdrawal: Joe Biden Rejected Blinken and Austin’s Advice on Gradual Withdrawal

President Joe Biden makes remarks during a visit to the Flatirons Campus Laboratories and Offices of the National Renewable Energy Laboratory in Arvada, Colorado, September 14, 2021. (Leah Millis/Reuters)

After inheriting the Afghanistan quagmire from his predecessor, newly elect President Biden was staunchly committed to withdrawing troops from the country despite dissent from military advisers.

Remembering the iron grip they held on former President Obama, Biden refused to be beholden to military leaders in making foreign policy decisions, despite his own lack of military experience. Biden rejected the recommendations of Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin to delay the U.S. pull-out from Afghanistan, Bob Woodward and Robert Costa reveal in their upcoming book Peril, a copy of which was obtained by CNN.

“The military doesn’t f*** around with me,” Biden said 2009, according to the book.

While he first supported Biden’s plan for a full withdrawal, Blinken switched his position after a March meeting of NATO ministers to advocate for maintaining a military presence in order to maintain diplomatic leverage.

“Previously, he had been foursquare with Biden for a full withdrawal,” the authors write. “His new recommendation was to extend the mission with US troops for a while to see if it could yield a political settlement. Buy time for negotiations.”

Blinken told Biden that NATO ministers were telling him in nearly a unanimous voice that the U.S. should leverage its withdrawal to negotiate a political settlement, the book suggests.

Hoping to delay departure for the same reason, Austin pitched a “gated” withdrawal in three or four stages that would allow the U.S. to exercise leverage over the Taliban.

However, Biden was fearful that objectives would shift into prolonged military involvement in Afghanistan after already two decades of intervention there. In short, he wanted to prevent “mission creep,” the book indicates.

“Our mission is to stop Afghanistan from being a base for attacking the homeland and US allies by al Qaeda or other terrorist groups, not to deliver a death blow to the Taliban,” Biden said during a National Security Council meeting, according to the book.

Those at the top of the military leadership’s chain of command, including commander-in-chief Biden, Blinken, Austin, and Joint Chiefs of Staff Chairman Mark Milley, have faced demands to resign for planning and overseeing a botched exit and evacuation from Afghanistan that left 13 American service members dead.

While Blinken has answered to congressional calls to testify on his conduct, Austin denied to appear for a hearing Tuesday, prompting top Democratic Senator Robert Menendez to threaten a subpoena, so the chamber might ensure accountability after the failed mission.

Send a tip to the news team at NR.

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Can Joe Manchin Save the Democrats?

Going into 2022 and 2024, the Democrats have at least two things going for them. The first is the fact that the Republicans have embraced their crazies and the second is Joe Manchin. In the coming election cycles, it may take both of these advantages to preserve the Democratic majority, especially if Joe Biden’s popularity continues to decline.

As we saw in 2020, Republican craziness and bad behavior don’t give Democrats an automatic win. As the election neared, Democrats started talking about expanding the Supreme Court, massive spending projects, and a “woke” agenda seemed to spook voters and narrowed Democratic chances of taking Congress. If it had not been for Donald Trump’s war on the election driving up Democratic turnout in Georgia (while suppressing the Republican vote), the Democrats would have lost the Senate.

As go into 2022, Joe Manchin could be likened to a rudder on the ship of the Democratic Party. If you don’t like him, he could be considered an anchor.

Manchin, a conservative Democrat in a red state, can’t afford to go all-in on Democratic progressivism. I don’t know what Manchin’s true convictions are, but it is almost axiomatic that any politician’s most cherished principle is that his job must be protected. I do believe that Manchin shares that conviction.

The West Virginia senator’s latest escapade is putting the brakes on the Democrats’ “human infrastructure” bill. Manchin demanded a “strategic pause” in an op-ed in the Wall Street Journal titled “Why I Won’t Support Spending Another $3.5 Trillion.” In the piece, he added the qualifier, “without greater clarity about why Congress chooses to ignore the serious effects inflation and debt have on existing government programs.”

Whatever his reasons, Manchin has raised the ire of the progressive wing of the party. While many on the left think that Manchin, along with the other half of the Dynamic Democratic Duo, Kyrsten Sinema, are killing their chances in the upcoming elections, it is more likely that the opposite is true.

Both parties have a problem in that they cater too much to their radical fringes. The assumption by the wingnuts is that the majority of the country agrees with them. After all, everyone on Twitter and Facebook and probably even in their personal circles believes the same things they do. Therefore, why wouldn’t the majority of the voters just love the most extreme package that can be rammed through Congress?

You can look back through history and see both parties making the same mistake. When the Democrats took both houses of Congress and the White House in 2008, they promptly pushed through several pieces of unpopular legislation that included the stimulus, the Affordable Care Act, and the Dodd-Frank financial reform. These bills passed mostly along party lines at a time when the Democrats held a supermajority in the Senate and their unpopularity figured prominently in the Republican wave of 2010.

The Republicans were no better. When the GOP finally cobbled together control of all three branches of government in 2016, their focus was on a reform/replace attempt to gut Obamacare, tax reform, tightening immigration laws, and building a border wall. Some of these policies became law and some did not, but they were all unpopular outside the GOP.

In the last years of the Trump Administration, the president, like Barack Obama before him, focused on preaching to the choir rather than making converts. However, Trump’s fundamental problem was that he started with a smaller base than Obama, having lost the popular vote in 2016. It was almost impossible for Trump to win an election based on turning out his base. While Trump did find lots of new voters, even more new voters flocked to the Democrats, fueled by Trump’s erratic and offensive behavior.

While Barack Obama won re-election, his tendency to pursue partisan policies rather than reach across the aisle hobbled his second term. Republicans took both the House and the Senate, which limited Obama to Executive Orders. This further deepened the partisan divide.

Despite running as a moderate, Joe Biden has followed the pattern of edging toward extremism once in office. Biden’s COVID relief bill was popular, but again, was a mostly partisan vote. The infrastructure bills will be his next big legislative test.

It has been a while since I wrote about the infrastructure bill, but the package cleared a Senate vote after 19 Republicans crossed the aisle. Ironically, it is now the progressive left that threatens the passage of the bill.

To understand why, we have to consider that there are two infrastructure bills. These are typically referred to as the “bipartisan infrastructure bill” and the “human infrastructure bill.” The bipartisan bill contains the traditional infrastructure items and the human infrastructure bill contains a progressive wish list. Republicans don’t want the human infrastructure bill to pass and the progressives don’t want the bipartisan bill to pass unless the human bill does. This is almost a stalemate.

Almost, but not quite. Because the Democrats have a Senate majority, they only need 51 votes to pass the human infrastructure bill as part of a budget resolution. But without Joe Manchin and/or Kyrsten Sinema, the Democrats don’t have the 51 votes they need.

The Democrats have the same problem that the Republicans had under Trump. If they go too far toward the fringe, they lose moderates at the center like Manchin and Sinema. If they move too far to the center, they lose the progressives on the fringe. It’s a delicate balancing act.

There is a third way, however. Some of the lost progressive votes can be replaced with Republicans if Democratic leaders reach across the aisle. This approach comes with some problems of its own, however.

The progressive left doesn’t like it when Democrats reach out to Republicans any more than the Republican right likes “RINOs.” The push from the left is to get everything they can before they lose their majority.

The rub is that Democrats don’t have to lose power, at least not right away. If they don’t push too hard to the left and anger voters, it isn’t impossible that they could hang on to their majority for a few cycles rather than losing it only two years in. However, if the progressive left gets its way, laws like the human infrastructure bill could make warnings about losing the majority become a self-fulfilling prophecy.

However, Joe Manchin might help the Democrats to break this cycle. The West Virginia senator may be able to throw a roadblock in front of the most radical of the progressive wishes and, in the process, keep the party from angering and frightening the moderate and independent voters that decide elections.

It’s a catch-22 that both parties face. Do they go for quick, radical change, knowing that doing so will invigorate the opposition, or play toward the middle in an attempt to keep their majority, hoping that long-term control of Congress will yield larger results? In recent years, both parties have elected to shoot for the moon, pander to the base, and hope for the best with varying results.

But there’s another factor that Democrats need to consider this time. Even after his 2020 loss and his reprehensible attempt to steal the election by having his supporters interfere with the Electoral College, the Republicans are still stuck on Trump. I’ll be pleasantly surprised if The Former Guy doesn’t make a comeback attempt in 2024.

Democrats made the mistake of underestimating Trump once before. For the good of the country, they should not repeat that error.

If Joe Manchin can keep the Democratic Party from veering too far left, he may also be instrumental in sparing America from a second Trump Administration. That is a possibility that Democrats should keep in mind as they seek to bend Manchin to their will.

Preliminary results are in on the California recall election. At this point, it appears that Gavin Newsom easily survived the attempt to kick him out of the governor’s mansion.

The current tally on the Secretary of State website shows that recall proponents trail opponents by more than 2.5 million votes. On a percentage basis, the vote stands at 36.1 for to 63.9 percent against. As I wrote yesterday, it wasn’t close.

The ballot requested that all voters select a replacement candidate for governor regardless of how they voted on the recall question. In that portion of the election, Larry Elder handily led the pack with 46.9 percent of the vote. No other candidate reached double digits, but this discrepancy is explained by the fact that Democrats went all-in on saying no to the recall and did not rally behind a Plan B candidate.

Follow David Thornton on Twitter (@captainkudzu) and Facebook

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