Op-Ed: Jadan Horyn: Joe Biden's final act as President was shredding the Constitution
President Biden shredded the Constitution full stop, Jadan Horyn writes.
President Joe Biden’s closing days in office show how a real authoritarian acts. A pardon for family and potential political crimes, defying Congress and the Supreme Court, a shameless refusal to enforce laws he himself signed, and a unilateral proclamation recognizing a long-dead Constitutional Amendment. Biden was the threat he had long warned us about.
Pardons for political profit:
In a brazen display of unchecked power and political cronyism, Biden abused the pardon power to his own personal benefit, pardoning his own son of felony convictions and voiding the very judicial system he claimed to respect. Not to outdo his own hypocrisy, he then issued blanket commutations for murderous criminals on the laughable notion of his values being against the death penalty for murders but his values not applicable to the rights of the unborn. Then out the door on his very last day as the “supposed President,” Biden issues his norm-destroying coup de grace: Preemptive pardons for Anthony Fauci, January 6 investigators, and General Mark Milley, stating in the Biden-equse doublespeak that this politically motivated action is to protect against “politically motivated” actions by President Donald Trump.
The pardon power is not for personal or familial gain, nor for placing a personal value judgment on the convicted sentence, nor most consequentially is it to protect the potentially guilty from facing justice. Historically it was used for correcting judicial wrongs and addressing specific cases on their merits. Now it is a ripped-open pandora’s box for any subsequent president to abuse, leaving the American people to rightfully fear an unchecked pardon power.
A supreme insult on student loans:
Biden’s contempt for the judiciary shows with his blatant disregard for the Supreme Court’s ruling against his student loan forgiveness program. In a 6-3 decision, the Court declared that Biden lacked the authority to unilaterally cancel billions in student debt without congressional approval. Biden’s answer? Pound sand John Roberts; he turned around and unveiled a nearly identical scheme, arrogantly ignoring the judiciary and Congress. This is not governance; it’s a dictatorial power grab.
The Supreme Court’s decision was not ambiguous. It reinforced the principle that major economic policies require legislative approval. Biden’s decision to ignore it is an outright attack on the separation of powers. If the President can simply defy the judiciary, what limits remain on executive authority? His actions set a perilous precedent that future presidents could exploit to undermine any ruling they dislike.
TikTok is a case study in cowardice:
Equally egregious is Biden’s decision to punt enforcement of a congressionally mandated TikTok ban. Passed with bipartisan support and signed by Biden himself, the law required TikTok’s Chinese parent company, ByteDance, to divest its U.S. operations or face a nationwide ban. The Supreme Court just upheld the law’s constitutionality, finding it did not violate First Amendment provisions.
Yet Biden, in a stunning act of defiance, stated that he will simply not enforce it. Instead, he kicked the issue to his successor, abandoning his constitutional duty to execute the laws of the land.
This cowardly abdication is more than negligence: it’s a calculated political maneuver. By ignoring a law designed to protect Americans from foreign influence, Biden is not only undermining congressional authority but also putting national security at risk. His selective enforcement of laws is a dangerous precedent that threatens the very fabric of our democratic system. Laws are not suggestions, and the president is not above them.
The ERA farce:
On January 17, 2025, Biden unilaterally declared the long-dead Equal Rights Amendment (ERA) to be “the law of the land,” a shameless political stunt that openly mocked the amendment process outlined in the Constitution.
Truly what is more ironic than a long-rumored living corpse formerly known as Joe Biden resurrecting a long-dead Equal Rights Amendment for an administration that cannot define what a woman is. Leaving the irony to the comedians, the ERA’s ratification deadline expired in 1982, a fact that even Biden’s Department of Justice previously acknowledged. Despite Virginia’s symbolic ratification in 2020, the amendment is legally dead. No amount of executive fiat can resurrect it. The National Archives, under legal advisement, has refused to certify it. Yet Biden ignored decades of precedent and legal reality to pander to a small political base, shredding any pretense of adherence to the constitutional amendment process.
This move was not merely procedural overreach; it was a middle finger to Congress, to the states, and to the American people. Biden’s own party had two opportunities, during single-party control in the 21st century, to address the ERA through proper channels. They chose not to act, acknowledging the political and legal complexities. We cannot mince words here: President Biden shredded the Constitution full stop, creating a potential constitutional crisis on something he had no authority to interject himself into. That is the very authoritarianism he supposedly warned us about.
The Constitution in tatters:
Biden’s actions in these final days are not isolated incidents; they are part of a broader pattern of executive overreach and disdain for constitutional boundaries. His unilateral ERA declaration, refusal to enforce the TikTok ban, defiance of the Supreme Court on student loans, and abuse of the pardon power collectively constitute an unprecedented assault on the principles that underpin American democracy. These actions signal to future presidents that the Constitution is optional, a mere inconvenience to be ignored when politically expedient. Remind me again who was the threat to the Republic?
As a former governor once said, “say it ain't so Joe.”
Jadan Horyn is a Miami Beach-based political and cultural commentator and former Congressional Communications aide.