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Are We in a Constitutional Crisis Right Now?

AP Photo/Ben Curtis

The election of Donald Trump to the presidency again has many Americans feeling hopeful. For them, the arrival of Jan. 20, 2025, can’t come soon enough. But these final weeks before Trump's inauguration present their own problem, as troubling questions have arisen regarding the leadership void that President Joe Biden has left.

You’ve probably noticed that Biden has largely retreated from the public eye since the election. The only person we see less is Kamala Harris. Sure, Biden had an amusing meeting with Trump, during which he seemed almost giddy, but since then, he has minimized unscripted appearances and media engagements. He didn’t even go to the reopening of Notre Dame Cathedral.

“He’s been so cavalier and selfish about how he approaches the final weeks of the job,” a former White House official told Politico.

According to the outlet, not only has Biden barely spoken with the media that travels with him, but he also “has yet to schedule a post-election press conference, as Presidents Barack Obama and George W. Bush did when they were on their way out of office.” 

Beyond delivering public remarks lauding a ceasefire between Israel and Hezbollah, meeting with Israeli President Isaac Herzog, and addressing the press on Sunday about Bashar al-Assad’s reported flight from Syria, President Biden’s post-election domestic schedule has been notably low-key.

I can’t help but wonder why he has avoided playing a more active role in shaping the party’s post-election strategy or engaging in public discourse, if for no other reason than to try to salvage his presidential legacy.

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Lawmakers and aides have voiced frustration over the apparent absence of guidance from Biden and his team. Party insiders blame this void for the Democrats’ poor showing in the election and lament a lack of direction during a pivotal moment. While some might interpret Biden’s silence as deference to the transition process, others see it as emblematic of his waning influence within the party.

“In conversations that I’m having, they don’t even mention the president. It’s kind of sad,” a Democrat close to senior lawmakers told Politico. “It feels like Trump is president already.”

As lovely as that would be, Trump is not president yet, and Biden doesn't appear to be making key decisions right now.

I see a constitutional crisis where Biden is coasting through the final weeks of his presidency, effectively a president in name only. His administration may be working behind the scenes to shore up his tattered legacy, but Biden seems to have checked out, especially after pardoning his son Hunter.

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Perhaps the most telling aspect of his phoning in the remainder of his presidency is that he’s receiving criticism from his own party. Many Democrats feel he owes more to the party, particularly to those who stood by him during his troubled presidency. But even they seem to be acknowledging Biden’s reduced political relevance. 

Many of us on the right have been calling out Biden as a mere figurehead, with some theorizing that Harris or Barack Obama is in charge. However, when both the media and his own party perceive Biden as essentially absent, it takes this issue to a new level. 

Biden’s absence during this crucial transition period raises serious concerns about an ongoing constitutional crisis. As the sitting president, his disengagement leaves a glaring leadership vacuum at a time when clarity and accountability are essential. Who’s actually making the key decisions in these final weeks? And do they even have the authority to do so? 

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