Today is the first day of the second Trump administration. That’s a sentence that, just four years ago, would’ve been hard, if not impossible, to imagine saying out loud. In order to prevent today’s inauguration, Trump was indicted multiple times, defamed, sued, kicked off the ballot in multiple states, and ultimately shot in the head. But against all odds, none of those tactics worked and as a result, Donald Trump is currently, once again, the president of the United States.

There are a lot of ways you can measure the extent of the historic transformation that this country is about to undergo. You could look at the hundreds of executive orders that Trump is signing today — orders that will enable oil drilling, end DEI in the military, establish the Department of Government Efficiency, secure the border, and so on. You could also look at how our culture is clearly changing, as evidenced by the steady stream of tech executives and celebrities who are now publicly supporting Trump. Censorship, open borders, and political oppression aren’t appealing to most Americans. And now their government will finally reflect that.

WATCH: The Matt Walsh Show

But maybe the best way to measure our country’s imminent transformation is to pay attention to what the Biden administration did on their way out the door. The contrast tells the whole story. With very little fanfare, and with no legal authority whatsoever, just days ago, the Biden administration announced that it has the unilateral authority to amend the U.S. Constitution. They went ahead and declared that we have 28 amendments now, instead of 27.

Before I get into the specifics of the amendment these people think they’ve added to the Constitution, let’s be clear about something: Amending the U.S. Constitution is one of the most difficult and carefully considered actions the American people can take. The framers made sure of that. It’s supposed to require a near-total buy-in of the country. That’s why it’s only happened 27 times in our history. And the Biden administration, just before leaving office for good, decided to pre-empt that entire process, and give all of that authority to themselves. They did it at a time when their political capital was at its lowest. They did it after Americans made it very clear that they’re tired of this administration, and want them out of office.

That is the contrast between the Biden administration and the current Trump administration. That is the transformation we’re undergoing right now as a country. We are moving from lawlessness and authoritarianism, back to the system of Constitutional order that’s held this country together for centuries.

In case you missed this unprecedented and frankly very bizarre power grab, here’s Joe Biden the other day, announcing out of nowhere that we now have a new 28th amendment, called the “Equal Rights Amendment.” It’s supposedly our first new amendment in more than three decades. Watch:

 

Normally, in the final days of a presidential administration, you pretty much know what to expect. You’ll get a farewell address. Moving vans will arrive at the White House. There will be a bunch of questionable pardons. And then they’ll leave. But this time, they’re throwing in a constitutional amendment on their way out. They’re altering the founding document of the entire country. And they’re doing it in the same way that Michael Scott declared bankruptcy in “The Office.” By just standing up and literally declaring it. Though I have to admit, I never thought “The Office” would provide the precedent for the president of the United States to amend the Constitution. But here we are.

Of course, what makes this whole situation even more disturbing is that everyone knows that Joe Biden didn’t come up with the idea to suddenly ratify a new amendment. Whoever’s running the government decided to do this — and it stands to reason that they did it for a reason. So why would some unnamed bureaucrats in an unpopular, outgoing Democrat administration decide to do something like this?

That’s a question worth digging into. In case you’re not familiar with the background of the so-called “Equal Rights Amendment,” here it is. It was first introduced in Congress in 1923, and it guarantees that everyone will receive equal treatment under the law, regardless of their sex. Of course, we already had an Equal Protection Clause in the Constitution. But various factions in the feminist movement thought they needed an additional guarantee of equality for one reason or another. (Meanwhile, other factions actually wanted women to have more rights than men, so they opposed the amendment).

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In any event, that’s what began the process of making the so-called “Equal Rights Amendment” into an actual amendment. Congress approved it, and sent it to the states. And under our Constitution, three-fourths of state legislatures would have to ratify the amendment in order for it to take effect. Additionally, Congress set a seven-year deadline for ratification, which expired in 1979.

By 1979, three-fourths of state legislatures had not, in fact, ratified the amendment. In fact, several states that initially ratified it, ended up rescinding their ratification. So that’s it. Or at least, it should be it. As the DOJ announced in 2020, “We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA and, because that deadline has expired, the ERA Resolution is no longer pending before the States.” Then, in 2022, under the Biden administration, the DOJ affirmed that decision.

That same year, Kamala Harris put out this tweet:

The principle of gender equality belongs in our Constitution. The President and I are calling on Congress to pass a resolution recognizing ratification of the Equal Rights Amendment. The time has come.

That never happened, either. But last week, in defiance of its own DOJ and its own prior statements, the Biden administration decided to just come out and announce that the 28th Amendment is somehow real. As Kamala Harris put it: “The Equal Rights Amendment is the 28th Amendment, and it is the law of the land.”

So, this still leaves the question: What exactly is going on here? Some people have pointed out that the national archivist, who has the responsibility of officially publishing amendments, isn’t actually doing so. And the Biden administration isn’t ordering the archivist to do it, either — which may indicate that they understand this is all a meaningless political stunt. Maybe they just want to rile up the base in their last days in office, for some reason. That would be completely pointless, obviously. But then again, these people obviously don’t have the best political instincts.

But there’s reason to think they’re going for something else. All weekend, a bunch of high-profile Democrats put out tweets, in lockstep, praising this new fake “amendment.” But one of those Democrats — Kirsten Gillibrand — gave the game away. She hinted, very strongly, at the Democrats’ goal here.

Here’s what she wrote:

This is an incredible moment for reproductive freedom, and a historic day for equality – especially with Americans facing the further degradation of reproductive freedom as the incoming administration takes power. Now, women living in states with restrictions on their reproductive freedoms can – and should – file suits to overturn these unconstitutional laws that discriminate on the basis of sex. I know they will have ample support as they seek justice, and I promise to stand by their side in this fight.

So that’s the tell. Gillibrand is spelling it out. The goal is to give activists a pretext to file lawsuits against abortion bans. Here’s what they want to argue: Abortion bans discriminate on the basis of sex, because they only affect women. And therefore, they violate this new Constitutional amendment, and must be struck down.

There are about a million problems with this argument. For one thing, the hypocrisy is so off-the-charts that it’s comical. Democrats have spent the last decade telling us that “men can get pregnant.” And now, they’re insisting that abortion bans discriminate against women on the basis of sex, because only women can get pregnant. Once again, they’re trying to have it both ways.

MATT WALSH’S ‘AM I RACIST?’ NOW STREAMING ON DAILYWIRE+

But there’s an even bigger issue for Democrats like Kirsten Gillibrand, which is that the Dobbs decision explicitly held that laws against abortion do not constitute “sex discrimination.” The Supreme Court could not have been more clear about this.

From the majority opinion by Justice Alito: “A State’s regulation of abortion is not a sex-based classification.”

In other words, even if Democrat activists do go to court, and manage to convince a Left-wing judge in California that this fake amendment is real, it still doesn’t matter — because the Supreme Court has already ruled that it’s not “sex discrimination” to prevent a child from being slaughtered.

What this means is that, on their way out the door, Democrats have done a fantastic job illustrating why they’re no longer in power. They have demonstrated, once again, that they have no regard whatsoever for the Constitution they’re supposedly sworn to protect. And at the same time, they’ve demonstrated their complete incompetence — because even if this bizarre, last-minute scheme had actually convinced anyone that we now have a 28th Amendment to the Constitution, it still wouldn’t overturn abortion bans anywhere. This fake amendment is the perfect capstone to Joe Biden’s four years in office. It is fundamentally anti-American, illegal and laughably corrupt. And just like this fake amendment, after today, no one will have any reason to think about the Biden administration ever again.

​[#item_full_content]  

​[[{“value”:”

Today is the first day of the second Trump administration. That’s a sentence that, just four years ago, would’ve been hard, if not impossible, to imagine saying out loud. In order to prevent today’s inauguration, Trump was indicted multiple times, defamed, sued, kicked off the ballot in multiple states, and ultimately shot in the head. But against all odds, none of those tactics worked and as a result, Donald Trump is currently, once again, the president of the United States.

There are a lot of ways you can measure the extent of the historic transformation that this country is about to undergo. You could look at the hundreds of executive orders that Trump is signing today — orders that will enable oil drilling, end DEI in the military, establish the Department of Government Efficiency, secure the border, and so on. You could also look at how our culture is clearly changing, as evidenced by the steady stream of tech executives and celebrities who are now publicly supporting Trump. Censorship, open borders, and political oppression aren’t appealing to most Americans. And now their government will finally reflect that.

WATCH: The Matt Walsh Show

But maybe the best way to measure our country’s imminent transformation is to pay attention to what the Biden administration did on their way out the door. The contrast tells the whole story. With very little fanfare, and with no legal authority whatsoever, just days ago, the Biden administration announced that it has the unilateral authority to amend the U.S. Constitution. They went ahead and declared that we have 28 amendments now, instead of 27.

Before I get into the specifics of the amendment these people think they’ve added to the Constitution, let’s be clear about something: Amending the U.S. Constitution is one of the most difficult and carefully considered actions the American people can take. The framers made sure of that. It’s supposed to require a near-total buy-in of the country. That’s why it’s only happened 27 times in our history. And the Biden administration, just before leaving office for good, decided to pre-empt that entire process, and give all of that authority to themselves. They did it at a time when their political capital was at its lowest. They did it after Americans made it very clear that they’re tired of this administration, and want them out of office.

That is the contrast between the Biden administration and the current Trump administration. That is the transformation we’re undergoing right now as a country. We are moving from lawlessness and authoritarianism, back to the system of Constitutional order that’s held this country together for centuries.

In case you missed this unprecedented and frankly very bizarre power grab, here’s Joe Biden the other day, announcing out of nowhere that we now have a new 28th amendment, called the “Equal Rights Amendment.” It’s supposedly our first new amendment in more than three decades. Watch:

 

Normally, in the final days of a presidential administration, you pretty much know what to expect. You’ll get a farewell address. Moving vans will arrive at the White House. There will be a bunch of questionable pardons. And then they’ll leave. But this time, they’re throwing in a constitutional amendment on their way out. They’re altering the founding document of the entire country. And they’re doing it in the same way that Michael Scott declared bankruptcy in “The Office.” By just standing up and literally declaring it. Though I have to admit, I never thought “The Office” would provide the precedent for the president of the United States to amend the Constitution. But here we are.

Of course, what makes this whole situation even more disturbing is that everyone knows that Joe Biden didn’t come up with the idea to suddenly ratify a new amendment. Whoever’s running the government decided to do this — and it stands to reason that they did it for a reason. So why would some unnamed bureaucrats in an unpopular, outgoing Democrat administration decide to do something like this?

That’s a question worth digging into. In case you’re not familiar with the background of the so-called “Equal Rights Amendment,” here it is. It was first introduced in Congress in 1923, and it guarantees that everyone will receive equal treatment under the law, regardless of their sex. Of course, we already had an Equal Protection Clause in the Constitution. But various factions in the feminist movement thought they needed an additional guarantee of equality for one reason or another. (Meanwhile, other factions actually wanted women to have more rights than men, so they opposed the amendment).

CELEBRATE #47 WITH 47% OFF DAILYWIRE+ MEMBERSHIPS + A FREE $20 GIFT

In any event, that’s what began the process of making the so-called “Equal Rights Amendment” into an actual amendment. Congress approved it, and sent it to the states. And under our Constitution, three-fourths of state legislatures would have to ratify the amendment in order for it to take effect. Additionally, Congress set a seven-year deadline for ratification, which expired in 1979.

By 1979, three-fourths of state legislatures had not, in fact, ratified the amendment. In fact, several states that initially ratified it, ended up rescinding their ratification. So that’s it. Or at least, it should be it. As the DOJ announced in 2020, “We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA and, because that deadline has expired, the ERA Resolution is no longer pending before the States.” Then, in 2022, under the Biden administration, the DOJ affirmed that decision.

That same year, Kamala Harris put out this tweet:

The principle of gender equality belongs in our Constitution. The President and I are calling on Congress to pass a resolution recognizing ratification of the Equal Rights Amendment. The time has come.

That never happened, either. But last week, in defiance of its own DOJ and its own prior statements, the Biden administration decided to just come out and announce that the 28th Amendment is somehow real. As Kamala Harris put it: “The Equal Rights Amendment is the 28th Amendment, and it is the law of the land.”

So, this still leaves the question: What exactly is going on here? Some people have pointed out that the national archivist, who has the responsibility of officially publishing amendments, isn’t actually doing so. And the Biden administration isn’t ordering the archivist to do it, either — which may indicate that they understand this is all a meaningless political stunt. Maybe they just want to rile up the base in their last days in office, for some reason. That would be completely pointless, obviously. But then again, these people obviously don’t have the best political instincts.

But there’s reason to think they’re going for something else. All weekend, a bunch of high-profile Democrats put out tweets, in lockstep, praising this new fake “amendment.” But one of those Democrats — Kirsten Gillibrand — gave the game away. She hinted, very strongly, at the Democrats’ goal here.

Here’s what she wrote:

This is an incredible moment for reproductive freedom, and a historic day for equality – especially with Americans facing the further degradation of reproductive freedom as the incoming administration takes power. Now, women living in states with restrictions on their reproductive freedoms can – and should – file suits to overturn these unconstitutional laws that discriminate on the basis of sex. I know they will have ample support as they seek justice, and I promise to stand by their side in this fight.

So that’s the tell. Gillibrand is spelling it out. The goal is to give activists a pretext to file lawsuits against abortion bans. Here’s what they want to argue: Abortion bans discriminate on the basis of sex, because they only affect women. And therefore, they violate this new Constitutional amendment, and must be struck down.

There are about a million problems with this argument. For one thing, the hypocrisy is so off-the-charts that it’s comical. Democrats have spent the last decade telling us that “men can get pregnant.” And now, they’re insisting that abortion bans discriminate against women on the basis of sex, because only women can get pregnant. Once again, they’re trying to have it both ways.

MATT WALSH’S ‘AM I RACIST?’ NOW STREAMING ON DAILYWIRE+

But there’s an even bigger issue for Democrats like Kirsten Gillibrand, which is that the Dobbs decision explicitly held that laws against abortion do not constitute “sex discrimination.” The Supreme Court could not have been more clear about this.

From the majority opinion by Justice Alito: “A State’s regulation of abortion is not a sex-based classification.”

In other words, even if Democrat activists do go to court, and manage to convince a Left-wing judge in California that this fake amendment is real, it still doesn’t matter — because the Supreme Court has already ruled that it’s not “sex discrimination” to prevent a child from being slaughtered.

What this means is that, on their way out the door, Democrats have done a fantastic job illustrating why they’re no longer in power. They have demonstrated, once again, that they have no regard whatsoever for the Constitution they’re supposedly sworn to protect. And at the same time, they’ve demonstrated their complete incompetence — because even if this bizarre, last-minute scheme had actually convinced anyone that we now have a 28th Amendment to the Constitution, it still wouldn’t overturn abortion bans anywhere. This fake amendment is the perfect capstone to Joe Biden’s four years in office. It is fundamentally anti-American, illegal and laughably corrupt. And just like this fake amendment, after today, no one will have any reason to think about the Biden administration ever again.

“}]] 

 

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