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

Americans are on the verge of dropping the “-elect” from President-elect Donald Trump’s title, yet outgoing President Joe Biden seems determined to make this transition as drawn-out—and troubling—as possible.

In his final Friday as president, Biden’s actions resembled someone donning a Red Army cap, as he announced he was “affirming” the 28th Amendment, also known as the Equal Rights Amendment (ERA), and declaring it the “law of the land.”

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

“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,” he stated. “We, as a nation, must affirm and protect women’s full equality once and for all.”

(It’s around this point that many reasonable Americans might pause to ask Biden to define “women,” but I digress.)

“It is long past time to recognize the will of the American people,” Biden continued, seemingly unaware of the irony in invoking this phrase 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.

This all might sound admirable—if completely unnecessary—but it’s important to highlight that Biden is blatantly attempting to rewrite the Constitution just days before the end of his controversial presidency.

It’s the kind of behavior one might expect from a true dictator in a banana republic.

The ERA, introduced in 1972, failed to gain the requisite support of 38 states within its original seven-year deadline, as reported by The Wall Street Journal. Even with a three-year extension that stretched the deadline to 1982, the amendment didn’t pass.

Decades later, between 2017 and 2020, three additional states finally ratified the ERA, bringing it to the required number. But these actions came long after the extended deadline had expired, creating obvious legal complications.

According to a senior official who spoke with the Journal, “Biden was stating an opinion that the amendment had been ratified.”

… Excuse me?

Not only is Biden’s declaration legally dubious, but it’s apparently based on “an opinion”?

Welcome to the Biden administration, where “opinions” are packaged as the “law of the land.”

As if to underscore the farcical nature of this situation, the Journal noted that “it wasn’t immediately clear if Biden’s statement had any legal and practical weight.”

Before any leftists start labeling Republicans as “sexists” for opposing the ERA, it’s worth pointing out that constitutional provisions and federal statutes already prohibit discrimination based on sex.

Moreover, as the Journal observed, conservative groups have raised valid concerns about unintended consequences stemming from the ERA’s ratification, such as the implications for single-sex spaces like bathrooms, jails, and locker rooms.

Biden’s announcement isn’t just an overreach of government power—it’s also opening a Pandora’s box of contentious issues that he won’t be around to handle in a matter of days.

The Constitution, as the Journal further explained, can only be amended through two avenues: a convention of states (which has never happened) or resolutions passed by two-thirds of Congress and then ratified by three-fourths of the states.

Given that Republicans currently control both the House and Senate, it’s highly unlikely that the required steps could be completed in time—despite the ERA technically having the 38 state approvals.

This is yet another example of how reckless and indifferent Biden has been in the twilight of his presidency.

In these final days, he’s pushing for mass commutations, sweeping student debt cancellations, and other actions that scream desperation. It’s the kind of behavior you’d expect from a tyrant—not the so-called “adult in the room.”

Biden’s presidency is concluding with a tarnished legacy, as critics are quick to highlight.

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

Another X user likened Biden’s actions to the very tyranny the Pilgrims fled: “You can’t issue a Royal decree adding Constitutional Amendments. You are not a King.”

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

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