[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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