Power-Mad Biden Attempts to Alter the Constitution on His Final Friday in Office

Americans are so close to dropping the “-elect” from President-elect Donald Trump’s name.

Incumbent lame duck Joe Biden is making sure that this home stretch is going to be as painful — and sinister — as possible.

In fact, Biden is spending his final Friday as president of the United States basically wearing a Red Army cap.

On Friday, the outgoing president announced that he was “affirming” the 28th Amendment (the Equal Rights Amendment), calling it the “law of the land.”

Today I’m affirming what I have long believed and what three-fourths of the states have ratified:

The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex. pic.twitter.com/oZtS6Q89zG

— President Biden (@POTUS) January 17, 2025

“The 28th Amendment is the law of the land,” Biden declared.

“I have supported the Equal Rights Amendment for more than 50 years, and I have long been clear that no one should be discriminated against based on their sex,” Biden continued in his statement. “We, as a nation, must affirm and protect women’s full equality once and for all.”

(It’s at this point that most sane people would ask Joe to define “women,” but I digress.)

“It is long past time to recognize the will of the American people,” Biden continued, without a hint of irony after the events of Nov. 5.

“In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex,” Biden said.

Now, all of this sounds nice and fuzzy (if totally unnecessary, but more on that shortly), but it can’t be stressed enough that Biden is nakedly trying to alter the Constitution with just days left of his disastrous presidency.

It’s the kind of banana republic stuff you’d expect from an honest-to-goodness dictator.

The ERA is not currently ratified because it failed to pass in enough states by a set deadline. After it was introduced in 1972, per The Wall Street Journal, it failed to convince 38 states to adopt it within a seven-year time frame.

In fact, the ERA still couldn’t reach the prerequisite numbers after a three-year extension took the deadline to 1982.

Now, the ERA did eventually get those last three states needed — but between 2017 and 2020, decades after the extended deadline.

The legal issues are obvious.

In fact, a senior official told the WSJ that “Biden was stating an opinion that the amendment had been ratified.”

… What?

So not only is Biden’s proclamation legally dubious, but it’s also just “an opinion”?

The Biden administration, ladies and gentlemen: Where “opinions” are presented as the “law of the land.”

Pouring a bit of salt into the wound, the Journal noted: “It wasn’t immediately clear if Biden’s statement had any legal and practical weight.”

Before any screeching leftists want to call Republicans opposed to the ERA as “sexists,” you should know that there are already constitutional provisions and federal statutes that bar any form of discrimination based on sex.

Furthermore, as the Journal noted, “conservative groups have said ratification of the ERA could result in unintended consequences, such as whether jails, bathrooms and locker rooms in public buildings like schools could remain limited to one sex.”

Biden’s Friday announcement isn’t just classic government overreach — it’s opening a whole can of worms when none of this will be his problem in about three days.

The WSJ further explained: “The Constitution can be amended through a convention of the states, which has never occurred, or through resolutions passed by two-thirds votes of the House and Senate and then approved by three-fourths of the states.”

Given that Republicans own both the House and Senate, it seems unlikely that that prerequisite could be fulfilled before getting 38 state approvals (which, in fairness, the ERA does technically have right now.)

Look, it just can’t be stressed enough how destructive and nonchalant Biden has been during the final stretch of his presidency.

He’s pushing for mass commutations, mass student debt cancellations, and all manner of chicanery before he leaves office. It’s despicable and the sort of behavior you’d expect from a tyrant, not the “adult in the room.”

Biden has tarnished his already-dirty legacy with this final stretch, and people are all too eager to call him out on it.

Sir, this is not how the Constitution works. Dementia is not a magic ticket to become a dictator that asserts Constitutional amendments into existence.

— Mollie (@MZHemingway) January 17, 2025

“Sir, this is not how the Constitution works,” The Federalist editor-in-chief Mollie Hemmingway posted under Biden’s X declaration. “Dementia is not a magic ticket to become a dictator that asserts Constitutional amendments into existence.”

Another X user pointed out that Biden’s behavior is the exact sort of thing Americans were fleeing from via the Mayflower.

“You can’t issue a Royal decree adding Constitutional Amendments,” the user posted. “You are not a King.”

Jeremy Carl, senior fellow at the Claremont Institute, perhaps summed it up best: “Desperate, sad, and running roughshod over the rule of law.

“Joe Biden is determined to leave his political career without a shred of dignity.”

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