Truman tried to use an Executive Order to seize private property, for the Korean War effort. Part of the "Provide for the Common Defense" or "Promote the General Welfare" purposes of government as outlined in the Preamble to the Constitution. Court struck Truman down, hard: President cannot make law, only Congress (checks & balances).
This is another president, Biden, trying to do the same thing: take control of private property (our bodies). Promoting the General Welfare again comes into play. However, so does Securing the Blessings of Liberty. Ultimately, the Constitution favors Liberty before all others as evidenced by contextual writings by the founding fathers. On its face, his actions are unconstitutional, in my opinion.
Finally, if a president could do as Biden is doing, why did Obama wait until after the 2010 midterm for a favorable Congress to pass the Affordable Care Act? Why not just pass an Executive Order and fulfill his campaign promise and secure his legacy? Then also, EO's are temporary. The successive president can simply nullify them as Trump did to Obama, and as Biden did to Trump.
I prefer to cite Youngstown Sheet & Tube v. Sawyer: https://www.oyez.org/cases/1940-1955/343us579
Truman tried to use an Executive Order to seize private property, for the Korean War effort. Part of the "Provide for the Common Defense" or "Promote the General Welfare" purposes of government as outlined in the Preamble to the Constitution. Court struck Truman down, hard: President cannot make law, only Congress (checks & balances).
This is another president, Biden, trying to do the same thing: take control of private property (our bodies). Promoting the General Welfare again comes into play. However, so does Securing the Blessings of Liberty. Ultimately, the Constitution favors Liberty before all others as evidenced by contextual writings by the founding fathers. On its face, his actions are unconstitutional, in my opinion.
Finally, if a president could do as Biden is doing, why did Obama wait until after the 2010 midterm for a favorable Congress to pass the Affordable Care Act? Why not just pass an Executive Order and fulfill his campaign promise and secure his legacy? Then also, EO's are temporary. The successive president can simply nullify them as Trump did to Obama, and as Biden did to Trump.