Republicans’ hypocritical response to Biden’s Executive Order

For Immediate Release
Contact: Andrew Horning
Libertarian candidate for IN08

August 24, 2022

Republicans’ hypocritical response to Biden’s Executive Order

Freedom, IN – It is disappointing, but not surprising, that Republican workers, wonks and elected officials are self-righteously indignant over Biden’s student debt transfer decree. I don’t think they have moral authority to even blink twice.

First, the federal constitution’s 10th Amendment makes it very plain that any authority not specifically granted in the constitution, is specifically and completely denied. The founders exhaustively debated and described the meaning of every word in the constitution through the first ten amendments, so there is no excusing any confusion in the matter of authority before law. The hierarchy of USA federal law is generally accepted as:

  1. U.S Constitution
  2. Laws (statutes) enacted by Congress
  3. International treaties and jus gentium/ “law of nations”
  4. Common Law/ Case Law
  5. Rules (which are not laws) promulgated by federal agencies (such as IRS, FDA, DHS)
  6. Procedures and codes of conduct

So laws written without constitutional authority are, according to founders like Madison and Jefferson, null and void. Delegating authority from one branch to another, or especially to unelected bureaucrats, is clearly forbidden. Only legislators can write laws and disburse funds. Executive Orders are valid only to execute constitutional legislation. So all the “federal” actions and laws detailed in the following, were and are, of course, unconstitutional, null and void:

The Higher Education Act of 1965 prompted only a moderate increase in the cost of college degrees. In fact, the cost of a bachelors degree was actually dropping slightly from 1969 until 1979, when the Federal Department of Education was made a Cabinet-level department. Since then, education costs started rapidly climbing, and have been accelerating ever since, as the carrot and stick of grant money and regulations started affecting all levels of education down to the local preschool level.

But the benefit of a college education, despite today’s rhetoric, has remained relatively flat, with a rapid divergence of the cost/benefit curves starting in …wait for it…1979.

Republicans have of course held a total lock on federal power many times and for many years since the 1980’s. Despite their rhetoric about entirely ending any federal involvement in, or department of, education, they’ve never done anything but increase funding and debt related all the above.

The Higher Education Relief Opportunities for Students Act of 2003 (HEROS) correlates to an only slight increase in the rate of increasing college costs, since it applied to only members and veterans of the armed forces, and those living or employed in a disaster area, or under hardship as the result of war or national emergency. And disasters weren’t so frequently and incessantly decreed even after 9/11 as today.

Significantly, HEROS passed with a Republican majority and unanimous Republican votes.

It’s the HEROS Act, and Biden’s recently extended State of Emergency, that Biden claims as authority for unilaterally forcing taxpayers to subsidize some of our society’s most advantaged people. For context, the median household income in Indiana’s 8th congressional district is just over $54,000 per year, with only about 22% college graduates. Biden’s upcoming EO #14080 forces everybody (including the poor and non-college educated, both in taxation and inflation) to pay college-educated people making up to $125K, and families making up to $250K, up to $20,000 in debt transfer.

As a reminder, Indiana’s Governor Holcomb unconstitutionally maintained a state of emergency to keep raking in federal taxpayer funds invoking the unconstitutional IC 10-14-3, the “Emergency Management and Disaster Law” passed and maintained by the Republican General Assembly.

Here is where the rubber meets the road. Even some Democrats, notably Nancy Pelosi, say that Biden’s EO is unconstitutional. Congress can of course deny funding for it, and thus kill it, as is their constitutional duty. I’ve not yet heard anybody calling for that from either side of the tribal aisle. I’ve also not heard anybody calling for constitutional rule of law to be established in this country at long last.

…Except for me, of course.

Liberty or Bust!

Andy Horning

Freedom, Indiana

*See my previous press releases at:
And please see, “Eight Steps to Success” at and



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