Title: Impeaching Joseph R. Biden, President of the United States, for usurping Congress's legislative authority and willfully circumventing the express guidance of the United States Supreme Court by extending the COVID-19 eviction moratorium, and other high crimes and misdemeanors.
Policy area: Congress

Summary:
This resolution impeaches President Joseph R. Biden for high crimes and misdemeanors.
Specifically, the resolution sets forth one article of impeachment specifying that President Biden usurped the legislative authority of Congress and one article of impeachment specifying that President Biden disregarded and circumvented the judicial authority of the U.S. Supreme Court.
The first article states that President Biden, through an order issued by the Centers for Disease Control and Prevention (CDC) extending the moratorium on residential evictions through October 3, 2021, demonstrated his manifest disrespect for Congress, the American people, and the rule of law.
The second article states that President Biden empowered the CDC to extend the moratorium in direct contravention of Justice Kavanaugh's concurring opinion that the eviction moratorium via executive order exceeded the CDC's statutory authority.
The articles further state that by such conduct, President Biden warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 596 Introduced in House (IH)]

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117th CONGRESS
  1st Session
H. RES. 596

    Impeaching Joseph R. Biden, President of the United States, for 
 usurping Congress's legislative authority and willfully circumventing 
 the express guidance of the United States Supreme Court by extending 
      the COVID-19 eviction moratorium, and other high crimes and 
                             misdemeanors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 23, 2021

 Mrs. Greene of Georgia (for herself, Mrs. Miller of Illinois, and Mr. 
 Gosar) submitted the following resolution; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
    Impeaching Joseph R. Biden, President of the United States, for 
 usurping Congress's legislative authority and willfully circumventing 
 the express guidance of the United States Supreme Court by extending 
      the COVID-19 eviction moratorium, and other high crimes and 
                             misdemeanors.

    Resolved, That Joseph Robinette Biden, President of the United 
States, is impeached for usurping Congress's legislative authority and 
circumventing the express guidance of the United States Supreme Court, 
and other high crimes and misdemeanors, and that the following Articles 
of Impeachment be exhibited to the United States Senate:
     Articles of Impeachment exhibited by the House of Representatives 
of the United States of America in the name of itself and of the people 
of the United States of America, against Joseph Robinette Biden, in 
maintenance and support of its impeachment against him for usurping 
Congressional prerogatives, disregarding and circumventing the express 
guidance of the Supreme Court, and for other high crimes and 
misdemeanors.
            article i: usurping congress's legislative authority
    The Constitution provides that the House of Representatives ``shall 
have the sole Power of Impeachment'' and that the President ``shall be 
removed from Office on Impeachment for, and Conviction of, Treason, 
Bribery, or other high Crimes and Misdemeanors.''.
    Further, the Constitution states that ``all legislative powers 
herein granted shall be vested in a Congress of the United States which 
shall consist of a Senate and a House of Representatives.''.
    Whereas Congress has the authority to enumerate the powers, duties, 
and functions to be exercised by agencies, as well as directly 
counteract, through later legislation, certain agency actions 
implementing delegated authority.
    Whereas the Constitution outlines that the ``executive Power shall 
be vested in a President of the United States.''. Thus, the President 
serves as the chief executive officer of the executive branch of the 
Federal Government. Any regulations, guidance, or extensions made by 
executive departments are derived from the executive power of the 
President and are subject to his discretion.
    Whereas, in September 2020, the Centers for Disease Control and 
Prevention (CDC) issued an order temporarily halting residential 
evictions to stop the spread of COVID-19 under Section 361 of the 
Public Health Service Act. According to the Department of Health and 
Human Services (HHS), Section 361 of the Public Health Service Act (42 
U.S.C. 264) gives the Secretary of Health and Human Services the 
authorization to take measures to prevent the entry and spread of 
communicable diseases from foreign countries into the United States and 
between States.
    Whereas the CDC's order was extended by the Biden Administration in 
March 2021 to remain in effect through June 30th, after which it was 
extended again through July 31, 2021.
    Whereas Justice Kavanaugh expressed on June 29, 2021, that 
Congress--and not the executive branch--is responsible for taking 
legislative action on the eviction moratorium in response to the COVID-
19 pandemic. In fact, Justice Kavanaugh explicitly stated in his 
opinion that ``in my view, clear and specific congressional 
authorization (via new legislation) would be necessary for the CDC to 
extend the moratorium past July 31.''.
    Whereas, on August 3, 2021, the Centers for Disease Control 
extended their eviction moratorium until October 3, 2021, in direct 
contradiction to Justice Kavanaugh's opinion on June 29, 2021.
    By these actions, President Biden has demonstrated his manifest 
disrespect for Congress, the American people, and the rule of law by 
usurping congressional prerogatives explicitly enumerated in the 
Constitution and reaffirmed by the Supreme Court.
            article ii: disregarding and circumventing the judicial 
        authority of the supreme court of the united states
    The Constitution provides that the ``judicial Power of the United 
States shall be vested in one supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and establish.''.
    Whereas, on June 29, 2021, Justice Kavanaugh stated in his 
concurring opinion that the CDC's eviction moratorium via 
administrative order ``exceeded [its] statutory authority,'' thus 
making clear that the nationwide moratorium via administrative order 
was prima facie invalid beyond July 31, 2021. Further, Justice 
Kavanaugh made clear that only an Act of Congress--in his words: ``via 
new legislation''--would be able to extend the moratorium beyond the 
end of July.
    In direct contravention to Justice Kavanaugh's opinion, President 
Biden empowered CDC Director Dr. Rochelle Walensky to extend the 
moratorium for two months, forcing thousands of landlords to obey an 
order already declared to be circumspect by Justice Kavanaugh.
    Whereas congressional Democrats--the majority party in the House of 
Representatives that controls the schedule of legislative items brought 
to the floor for consideration--failed to hold a roll call vote on the 
extension of an eviction moratorium before leaving for August recess.
    Combine these facts with the ongoing rental assistance provided by 
Congress and distributed in the State of Georgia over the last eight 
months:
            (1) The State of Georgia received $710 million through from 
        the U.S. Treasury Department through the Federal Emergency 
        Rental Assistance Program.
            (2) The Georgia Rental Assistance Program has distributed 
        $14,118,327 to tenants and landlords as of July 28, which is 
        2.6 percent of the total amount of funds, according to the 
        Georgia Department of Community Affairs, the State agency 
        responsible for distributing the money to most Georgia 
        counties.
            (3) Of the $710 million allocated to Georgia in the first 
        round of funding, $552 million has gone to the State Department 
        of Community Affairs, which oversees [several] housing programs 
        in communities like Athens-Clarke that have fewer than 200,000 
        residents. The rest of the money has been distributed by 12 
        local governments in larger communities.
            (4) Department of Community Affairs (DCA) Deputy 
        Commissioner for Housing Tonya Curry describes: ``We got the 
        rental assistance in January, we stood up our portal on March 
        8, and we've been accepting applications ever since. I think 
        that the perception is that there's a slow rollout, but we're 
        receiving applications every day from citizens in need of these 
        funds.''
            (5) Since starting, the program has paid out slightly more 
        than $16 million to 4,950 households. In Athens-Clarke, they 
        have received 400 applications and paid rent for 76 households, 
        for a total of $449,800 paid out so far.
            (6) More than 22 percent of Georgia renters were not caught 
        up on rent as of July 5, according to data from the Census 
        Bureau, or more than 340,000 tenants. According to information 
        from the Athens-Clarke Magistrate Court office, there were 134 
        evictions filed in June--the last month for which data was 
        readily available--with 53 resulting in hearings. Evictions 
        were expected to increase after the end of the Center for 
        Disease Control moratorium ended July 31, but a new moratorium 
        applying to counties with widespread COVID went into effect 
        August 3.
    Whereas the preceding facts demonstrate that sufficient Federal 
funding for rental assistance has been provided, even while 
disbursement of the funds has lagged.
    Whereas, in his conduct as President of the United States, in 
violation of his constitutional oath to faithfully execute the office 
of President of the United States, and, to the best of his ability, 
preserve, protect, defend, the Constitution of the United States, and 
in violation of his constitutional duty to take care that the laws be 
faithfully executed--Joseph Robinette Biden is guilty of usurping 
Congress's authority to make law and circumventing the Supreme Court's 
authority to rule on all cases arising under the Constitution.
    Wherefore President Biden, by such conduct, has demonstrated that 
he will remain a threat to national security and the Constitution if 
allowed to remain in office, and has acted in a manner grossly 
incompatible with self-governance and the rule of law. President Biden 
thus warrants impeachment and trial, removal from office, and 
disqualification to hold and enjoy any office of honor, trust, or 
profit under the United States.
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