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Front of the Capitol building

Rep. Issa Full Statement on Biden Administration Unconstitutional Action on Evictions

August 6, 2021

Statement by Congressman Darrell Issa

Although he was born 270 years ago, James Madison would recognize the moment of today. In his words and writings, he foresaw the abuse of power the Biden Administration and this Congress is putting on public display and how these actions imperil our Constitution and the rule of law.

Writing to Thomas Jefferson one year before George Washington took the first presidential oath, Madison described “Repeated violations of these parchment barriers by overbearing majorities.”

His meaning was clear. As vital as it is, the Constitution is only mere parchment. It has no army. No police force. No physical shield. It may be our foundational governing document, but it is only as strong as our determination to uphold it.

While it is true that the Supreme Court temporarily accommodated a regulation it pledged to strike down in the future, that is not an invitation for overreach from the executive branch.The decision by President Biden to impose by fiat what he admits is unconstitutional – and what he said days ago he did not have the power to do – goes beyond the specific policy issue at hand. It is an historic assault on the stated rulings of the Supreme Court, a concession to social media, and a surrender to the most partisan demands of Democrats.

It is, most of all, a shredding of Madison’s parchment barrier.

Some may suggest that because President Biden openly admits his gambit may be short-lived or not succeed at all, this is a short-term concern. But that is not true.

To do nothing would be to accept the damage that has been done, invite even more, and stand by as happens again and again.

Today, I urge the full Judiciary Committee to schedule an emergency hearing to fully examine the scope of this crisis point and declare the President’s action an unconstitutional act. Judiciary Chairman Nadler must demonstrate that it is time for the Committee to lead as it was meant to, honor the sanctity of the law and defend the Constitution.