Lincoln Broke The Constitution To Save America: Biden Should Do Likewise
Prior to Joe Biden, only one president won a national election, only to have a big chunk of the country refuse to participate in our democracy rather than accept the outcome.
Abraham Lincoln, of course, was that president. He came to the conclusion that those who conspired in an illegal plot to derail the American experiment in democracy should be permanently barred from politics and in some cases jailed.
It’s a lesson that Joe Biden and Merrick Garland should act on.
Abraham Lincoln is often criticized for his handling of the Civil War, with many accusing him of acting as a dictator. What we may need now is a benevolent dictator who will take action on what most people in this country want.
Lincoln himself acknowledged that he had to take extraordinary measures to save the Union, saying “I felt that measures, otherwise unconstitutional, might become lawful by becoming indispensable to the preservation of the Constitution through the preservation of the Union.”
President Biden faces a similar situation today.
The country is deeply divided with one political party openly leaning towards authoritarianism, and it seems unlikely that anything short of drastic action will heal the wounds.
When 40% of the country don’t believe in facts or science we may be past the point of no return-but that doesn’t mean that Biden can’t act as president-just as Lincoln did-to try and save what’s left of our “imperfect union”.
President Biden should invoke Lincoln’s examples and take whatever steps are necessary to save American democracy and lives.
Republicans will no doubt accuse Biden of tyrannical behavior if he takes any decisive action, but history may well judge him as a savior if he does act. And act he should.
Lincoln himself would likely understand and support what Biden could try to do.
Lincoln wouldn’t understand how mentally deranged citizens are able to buy machine guns and ammunition to carry out mass killings.
Three Examples of Lincoln Breaking the Constitution
First, he declared war on the Confederacy even though he had been advised by his own attorney general that this violated the Constitution as neither the president nor Congress had explicit or implied powers to coerce the Confederate states to stay in the Union.
Second, Lincoln suspended habeas corpus unilaterally and without the approval of Congress, arresting thousands of political opponents and suppressing the free press and free speech to an unprecedented degree in U.S. history.
Lincoln simply ignored Supreme Court Chief Justice Roger Taney’s ruling that the suspension was unconstitutional.
Third, Lincoln came to believe that he possessed the authority to declare the abolition of slavery in the Southern states. When he finally did so, issuing the Emancipation Proclamation in January 1863, he effectively ended any possibility of returning to the pre-war compromise Constitution.
Today, many people don’t realize that Lincoln allowed slavery to continue in the border states of Missouri, Kentucky, Maryland and Delaware.
Again, Lincoln did what he wanted and applied his own logic regardless of how inconsistent or unconstitutional it may have been.
What Biden Needs To Do
Lincoln, our most revered president has given the blueprint for how presidents can and should act when the very existence of the nation is threatened. Biden is well-aware of what the law says about insurrection:
“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.” -Section 3, 14th Amendment, US Constitution
At a minimum this should prevent Trump from running for president in 2024, but only if it is enforced. So far, Biden and by extension the Department of Justice seem reluctant to use this.
Absent action from Congress Biden needs to get in the game and when you hold the most powerful office in the world, you have options.
Here’s what Biden should do to save American democracy:
Designate the Republican Party as a Terrorist Organization
If you’re going to the plate, you might as well swing for the fences and this would be a lead off home run.
Why?
The essence (and extent) of fascism and authoritarianism in America today is revealed by recent public opinion polling which shows that Trump MAGA Republicans believe it’s acceptable for them to use violence against Democrats.
The Republicans have been allowed to create their own reality, a new normal where political violence is acceptable as long as it’s committed by them and their allies against Democrats or others that are deemed “un-American.” This type of thinking finds widespread support among MAGA Republicans-which make up 89% of the party.
Issue an Executive Order Closing All Gun Stores
Tired of thoughts and prayers? Me too. Tired of seeing school kids slaughtered and grocery shoppers murdered by lunatics exercising their 2nd Amendment rights? Me too.
On average, every day in America 321 people are shot, 111 are killed and 210 are wounded. Every day. On average.
No other country on the planet would put up with this, but we do based on what was written on parchment 235 years ago granting citizens the right to bear arms.
The 2nd Amendment should be abolished as it has zero meaning today. Since that won’t happen, Biden can close all gun stores and halt all weapon and ammunition sales indefinitely by declaring a national emergency.
Gun store owners who don’t comply would be arrested. America is a vastly over policed country-put cops to work making sure gun stores stay closed. Yes, MAGA nation and FOX (same thing) will go ballistic (pardon the gun pun) but guess what, if they take their protests too far they get arrested too.
Shut Down FOX News
The 1st Amendment guarantees free speech. What it doesn’t guarantee is a right to spread lies and hatred targeted at inciting their audience to violence with the aim of overthrowing our democracy.
Fox backs the insurgents and has even claimed that January 6 did not occur. Lies of this magnitude have not been seen since Hitler’s propaganda machine groomed German citizens to accept the murder of millions of Jews.
Remember, the January 6th traitors attempted to destabilize and overthrow an elected president who received a majority of the popular vote and an electoral college victory. Yet, the country is being run as if the party that lost is still in charge.
The hatred and lies spewed from Fox hosts like Tucker Carlson can be directly linked to the recent mass murders in Buffalo as well as other mass shootings in El Paso, Pittsburgh and as far away as Christchurch, New Zealand.
That’s only the shortlist.
Final thoughts
Abraham Lincoln is often lauded as the greatest American president for his role in preserving the Union during the Civil War. What is less well known is that he broke the Constitution in order to do so.
In today’s America, we are facing a similar crisis. The President must be willing to break the Constitution if necessary in order to save America from itself. In a nation of 329 million people we can no longer afford for the majority to be ruled by the minority.
It is time for President Biden to act.
