21 July, 2014

The Immigration No-brainer


The immigration no-brainer


By Charles Krauthammer 
July 10

As is his wont, President Obama is treating the border crisis — more than 50,000 unaccompanied children crossing illegally — as a public relations problem. Where to photo op and where not. He still hasn’t enunciated a policy. He may not even have one.

Will these immigrants be allowed to stay? Seven times was Obama’s homeland security secretary asked this on “Meet the Press.” Seven times he danced around the question.
Charles Krauthammer writes a weekly political column that runs on Fridays. View Archive

Presidential press secretary Josh Earnest was ostensibly more forthcoming: “It’s unlikely that most of those kids will qualify for humanitarian relief. . . .They will be sent back.” This was characterized in the media as a harder line. Not at all. Yes, those kids who go through the process will likely have no grounds to stay. But most will never go through the process.

These kids are being flown or bused to family members around the country and told to then show up for deportation hearings. Why show up? Why not just stay where they’ll get superior schooling, superior health care, superior everything? As a result, only 3 percent are being repatriated, to cite an internal Border Patrol memo.

Repatriate them? How stone-hearted, you say. After what they’ve been through? To those dismal conditions back home?

By that standard, with a sea of endemic suffering on every continent, we should have no immigration laws. Deny entry to no needy person.

But we do. We must. We choose. And immediate deportation is exactly what happens to illegal immigrants, children or otherwise, from Mexico and Canada. By what moral logic should there be a Central American exception?

There is no logic. Just a quirk of the law — a 2008 law intended to deter sex trafficking. It mandates that Central American kids receive temporary relocation, extensive assistance and elaborate immigration/deportation proceedings, which many simply evade.

This leniency was designed for a small number of sex-trafficked youth. It was never intended for today’s mass migration aimed at establishing a family foothold in America under an administration correctly perceived as at best ambivalent about illegal immigration.

Stopping this wave is not complicated. A serious president would go to Congress tomorrow proposing a change in the law, simply mandating that Central American kids get the same treatment as Mexican kids, i.e., be subject to immediate repatriation.

Then do so under the most humane conditions. Buses with every amenity. Kids accompanied by nurses and social workers and interpreters and everything they need on board. But going home.

One thing is certain. When the first convoys begin rolling from town to town across Central America, the influx will stop.

President Obama took questions after making a statement on the border crisis on Wednesday in Dallas. Obama explained his reason for not using his executive power to push immigration reform, citing House Speaker John Boehner's recent lawsuit against him. (AP)

When he began taking heat for his laxness and indecisiveness, Obama said he would seek statutory authority for eliminating the Central American loophole. Yet when he presented his $3.7 billion emergency package on Tuesday, it included no such proposal.

Without that, tens of thousands of kids will stay. Tens of thousands more will come.

Why do they come? The administration pretends it’s because of violence and poverty.

Nonsense. When has there not been violence and poverty in Central America? Yet this wave of children has doubled in size in the past two yearsand is projected to double again by October. The new variable is Obama’s unilateral (and lawless) June 2012 order essentially legalizing hundreds of thousands of illegal immigrants who came here as children.

Message received in Central America. True, this executive order doesn’t apply to those who came after June 15, 2007. But the fact remains that children coming across now are overwhelmingly likely to stay.

Alternatively, Obama blames the crisis on Republicans for failing to pass comprehensive immigration reform.

More nonsense. It’s a total non sequitur. Comprehensive reform would not have prevented the current influx. Indeed, any reform that amnesties 11 million illegal immigrants simply reinforces the message that if you come here illegally, eventually you will be allowed to stay.

It happens that I support immigration reform. I support amnesty. I have since 2006. But only after we secure the border.

Which begins with completing the fencing along the Mexican frontier. Using 2009 Government Accountability Office estimates, that would have cost up to $6.6 billion. Obama will now spend more than half that sum to accommodate a mass migration that would have been prevented by just such a barrier.

But a fence is for the long term. For the immediate crisis, the answer is equally, blindingly clear: Eliminate the Central American exception and enforce the law.

It must happen. The nightmare will continue until it does. The only question is: How long until Obama is forced to do the obvious?

07 July, 2014

President Obama Doesn’t Understand Representative Government


President Obama Doesn’t Understand Representative Government

JULY 3, 2014 By Robert Tracinski


Once again, President Obama has announced that he’s going to bypass Congress in order to impose his own agenda through executive orders, this time on immigration.

Does this guy even understand how representative government works?

Here’s how it works: the representatives govern. In other words, Congress makes the laws. But Obama seems to think that when push comes to shove, the president is the only representative the people need. Thus, he declared that “America cannot wait” for Congress, as if he speaks for America, rather than the people actually elected by the people to represent them in something called—you guessed it—the House of Representatives.

Oh, but he says he was forced into it. “I don’t prefer taking administrative action. I’ve made that clear multiple times…. I only take executive action when we have a serious problem, a serious issue, and Congress chooses to do nothing.” No, when Congress chooses to do nothing, the president’s job is also to do nothing. It’s not a matter of his preference, because he has no law authorizing him to act.

According to legend, President Obama once taught constitutional law. But the part he taught was civil rights law, and it often seems that is the only part of the Constitution he has ever bothered to study. Clearly, he missed the part in Article I where it says that “All legislative powers…shall be vested in a Congress of the United States,” including the creation of “a uniform Rule of Naturalization” for immigrants.

The essence of the president’s role in our system is not: I have to adhere to the laws passed by Congress, but only if they do what I want. His role is: I have to adhere to the laws passed by Congress.

To the nitpickers: yes, there are emergency situations in which the president might act without proper procedures, such as a Thomas Jefferson’s negotiation of the Louisiana Purchase, where he leapt on a diplomatic opportunity before Congress could respond. But Jefferson believed that he should offer up his action to Congress for approval afterward, on penalty of impeachment if they thought he had abused his power. (The purchase was, of course, met with widespread acclaim.)

In Obama’s case, taking action on immigration after five years in which he has fitfully pursued the issue with Congress does not qualify as an emergency.

President Obama has been a little vague on what exactly he’s planning to do. He merely said that he has asked his advisors to present him with options later this year. That gives this the feel of a policy that is intended, not to achieve any particular result, but to appease a constituency and buy a little silence from critics, in this case, from advocates of liberalized immigration who are frustrated at how little Obama has done for their cause.

They shouldn’t be appeased, because Obama is doing something for his cause: he’s setting it back by a decade. As John Boehner points out, a huge part of the reason it’s so hard to get an immigration deal in Congress is that Republicans have no faith that Obama will stick to it. They think he will simply pocket any concessions that they make to him, while refusing to follow through on any concessions he promises to them. The president has just confirmed this fear.

America’s immigration policy certainly needs fixing. The difference in wealth and security between the United States and its nearest neighbors to the South creates huge incentives for immigration, yet restrictive laws and inadequate quotas make it impossible for most of these people to immigrate legally. But poor enforcement means that most people who come illegally won’t be sent back. So illegal immigration is the existing system. It’s the result our system is designed to produce.

Far from fixing this system, everything Obama has done has made it worse, and what he is preparing to do is likely to make it even worse still.

His last big unilateral executive action was a program that granted legal status to illegal immigrants who came to America as children. The result: a peculiar and disturbing wave of unaccompanied children coming over the border.

So his latest solution, the only thing that has specifically been announced from his new wave of executive actions? To suspending deportations and basically all enforcement of immigration laws within the center of the country—so he can send more people and resrouces to increase enforcement at the border.

All presidents have made unsatisfying compromises between opposing principles. But President Obama distinguishes himself in his tendency to choose the cruelest compromises, the ones most likely to result in a horrific human cost and dissolve into chaos.

In this case, it sounds like the premise of some dystopian science fiction story. Call it the Running Man immigration policy: you’re trying to get from dusty, hopeless slums into a gated community of wealth and opportunity, and the way the system is set up, you have get past a terrifying gauntlet of border guards, and then you’re home free. For a lot of people on both sides—and for the people who live on a border that has been turned into a war zone—this story is not going to end nicely.

But what really fits the dystopian mold is the way this system is being created: not as a deliberate policy chosen by the people, but by the edict of a president who regards the country’s legislature as an annoying and dispensable encumbrance.

Planned Parenthood Editorial - Let's Play 'Spot the Fallacies'

Let's Play "Spot the Fallacies" in red.  What disingenuous commentary... 


Guest: Hobby Lobby ruling puts bosses’ values ahead of a woman’s health

In a very disappointing ruling, the court gave bosses of some closely held profit-making corporations the right to deny their employees legally mandated coverage, writes guest columnist Chris Charbonneau.
Special to The Times
LAST week, the U.S. Supreme Court issued a verdict in Burwell v. Hobby Lobby Stores Inc. that placed women’s health-care needs as secondary to the personal beliefs of their bosses.
In a very disappointing ruling, the court gave bosses of some closely held profit-making corporations the right to deny their employees legally mandated coverage for birth control because of the boss’ personal objections — even if those objections are not supported by science or medicine. Wouldn't it be interesting to hear him describe the "personal objections"?  I think 'science and medicine' supports Hobby Lobby's contention that 4 of the 20 mandated contraceptions actually terminate the germination of a fertilized egg.
As chief executive officer of Planned Parenthood of the Great Northwest, I am the boss of 450 people across three states. The health insurance plan that I buy for my employees costs the same whether birth control is included or not.  Two key reasons for this price parity 1) the price parity is required by law and 2) it's so cheap as to not really make a difference - ~$9 a month at Target/WalMart.  If it's that cheap, why not just allow women to purchase birth control on their own?
For me, choosing to make that plan cover fewer of the services my staff and their families might need, only to satisfy my own beliefs, would be unconscionable. Just as I don’t tell my staff what to do with their paychecks, I don’t tell them how they must use their insurance. It’s none of my business, and it’s surely none of the Supreme Court’s business.  Perhaps he missed the point - they can purchase whatever contraception they want with their paycheck.  Their jobs don't provide food or shelter directly, why should it to provide abortive birth control? 
It’s unbelievable that in 2014 we’re still fighting about whether women should have access to birth control.  Access?  Who is denying access?  See Target and Walmart availability, and Planned Parenthood will provide birth control for free.  No one is denying access. Some would go even further than the Supreme Court, working to repeal the entire birth-control mandate, a critical piece of the Affordable Care Act that is already benefiting 675,000 women in Washington state and nearly 30 million nationwide.  Yes, many people are benefiting from the hard work of others. The number of people receiving free stuff is irrelevant to the ethical/religious issue at hand. 
Birth control is basic preventive health care for women, and 99 percent of sexually active women have used birth control at some point in their lives — nearly 60 percent of whom have used contraception for health reasons. The widespread and universal acceptance of birth control in the United States is widely hailed as one of the most important health advances of the 20th century.  The term "preventive health care" is laughable.  Preventing a baby is hardly "health care", unless you view the baby as an unwanted 'disease' or affliction.  Secondly, the fact birth control is so widely available and accepted undercuts the "access" argument made earlier.  Also, Chris continues to conflate abortive birth control with preventative birth control.  He is struggling with that distinction...  
Thanks to the Affordable Care Act, women are granted access to this important preventive care through their insurance plans at no additional out-of-pocket cost. In its first year, the birth-control benefit has saved women across the country more than $483 million, according to a report by the U.S. Department of Health and Human Services. This number will only continue to rise.  That's just a transfer!  The money saved by the women is being paid for by the taxpayer.  It isn't as if it now appeared out of thin air.
Now, as a result of a verdict that was issued by five male justices (and opposed by all three female justices), that coverage is jeopardized for all women who work at closely held corporations. The court’s decision affects for-profit companies employing thousands of women and more than half of the workforce in this country.
To the majority of Americans, birth control simply isn’t a controversial issue. What is deeply unpopular, however, is the idea of giving bosses a right to discriminate and deny their employees access to birth control.  (Ahem, again with the access)
Local women’s health leader Kristin Rowe-Finkbeiner, co-founder of MomsRising.org, put it succinctly: “America is just waking up to the fact that women are 50 percent of the labor force for the first time in history, and we need to update our outdated workplace policies to match our modern labor force and to build a vibrant economy. It’s time to move forward, not backwards for the good of our economy and our families.”  Nice quote - what's your point related to abortive contraception?
At Planned Parenthood of the Great Northwest, we agree, which is why we’re not giving up. Every day we work to ensure that all women have access to the full range of reproductive health care, including birth control — no matter where they work, live or how much money they make. We believe cost shouldn’t get in the way of important medical care.  And the important medical care here would be?  Again, being pregnant is totally preventable without drugs and is not an affliction or disease.  Also, let's refocus on abortive birth control at issue here, which is a form of "medical care" made unnecessary with alternative options.
Planned Parenthood will continue to fight for women’s access to affordable birth control, and we look forward to working with local leaders like U.S. Sen. Patty Murray, D-Wash., and U.S. Rep. Suzan DelBene, D-Medina, to fight back and make sure women have the same rights and protections as everyone else.  Rights refer to the ability to do something without government interference (gun owndership, speech, religious expression).  When did a right become something provided to you at someone else's cost?
The solution is clear: Responsible members of Congress must join together to pass legislation that stands with women and our right to affordable health care.
Chris Charbonneau is CEO of Planned Parenthood of the Great Northwest.

01 July, 2014

Why Boehner is right to sue Obama

Why Boehner is right to sue Obama
Congressional incompetence or inaction is not an invitation for an imperial presidency
Boehner seems to have the Constitution on his side.
Boehner seems to have the Constitution on his side. (Win McNamee/Getty Images)


Immigration reform is effectively dead in Congress. And now that Speaker John Boehner has officially decided not to bring up the Senate's comprehensive immigration bill for a vote in the House, President Obama is suggesting he may take executive action to shape America's immigration policy.

"I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing," Obama said Monday. "And in this situation, the failure of the House Republicans to pass a darn bill is bad for our security, it's bad for our economy, and it's bad for our future."

Obama's promise of executive action is bad news — even for supporters of immigration reform (and that includes me). Because even though I support immigration reform, I support the separation of powers even more. And this president has gone too far in flexing his executive ordering muscles.

That's why I'm applauding Boehner's decision to sue over Obama's executive orders. And you should, too — no matter which party you're in. (Whether Boehner has the legal standing to actually sue remains something of an open question — but the principle behind his push is dead on.)

"On matters ranging from health care and energy to foreign policy and education, President Obama has repeatedly run an end-around on the American people and their elected legislators, straining the boundaries of the solemn oath he took on Inauguration Day," a recent memo from Boehner said.

In pushing back, Obama's supporters have pointed to intransigence from congressional Republicans forcing Obama's hand, and to the fact that the president has still issued relatively few executive orders (fewer than any president since FDR, in fact). This is true, but also misleading. It's not the number of executive orders the president issues, but how consequential — or controversial — they are. And, coupled with recess appointments (the Supreme Court just unanimously ruled he overreached there), signing statements, and unilateral delays on ObamaCare's implementation (including the employer mandate and enrollment deadlines), it seems like Obama has cobbled together a patchwork of creative methods to circumvent the legislative branch.

We have a lame-duck president who already lost one one house of Congress, and may be on the brink of losing another. If Obama is to have any second-term domestic agenda, including a legacy item like immigration reform, his only path may be via executive order. But that doesn't make it right — or constitutional.

Of course, this executive order trend didn't begin with Obama, nor will it end with him. But that's why this lawsuit is important. Like the filibuster, this is one of those issues that tends to turn us all into hypocrites. Whichever party has the presidency will, almost reflexively, argue the need for a stronger executive. Meanwhile, whoever controls Congress will push back on that mission creep (remember how "unitary executive theory" was responsible for Bush's unchecked and dictatorial powers of detention and interrogation?).

So yes, of course, Boehner surely has partisan motives in suing Obama. But the salutary impact could transcend partisan political concerns, reining in executive power — or, at least, more clearly defining it — for President Marco Rubio or Ted Cruz or Hillary Clinton. At the end of the day, and long after Obama is out of office, we could end up with a decision buttressing the rule of law and balance of power. That would be a good thing.

But instead of taking it seriously, President Obama and his team have mocked this suit as a mere "stunt." Their dismissiveness, coupled with the arguments they've chosen to wield, present a worldview arguably more frightening than the original overreach. Obama, for example, has cited the fact that Congress failed to address these issues as reason why he has felt compelled to act. "I'm not going to apologize for trying to do something while they're doing nothing," he said.

That a misleading non sequitur. A constitutional law professor should knows better. Dysfunction or stasis are not invitations for executive overreach. I can't find anything in the Constitution that says: "Should Congress become bogged down in gridlock, the President may then assume legislative responsibilities." Congressional incompetence or inaction is not an invitation for an imperial presidency.

Backers of Obama's executive orders rarely argue the Constitution, but instead, the crux of their arguments usually boil down to the morality of his actions. But that's not really relevant. I'm for immigration reform and a supporter of the DREAM Act, but the notion that a president would simply decide which laws to enforce or ignore is a far more fundamental concern. Our founders intentionally created a balance of powers, and pit ambition against ambition. Just because you agree with the president today doesn't mean you'll agree with the next president's executive orders. Many executive orders, constitutional, or not, are good policy. But this power can be abused. Let's not forget that FDR's executive order 9066 paved the way for Japanese internment camps.

Be careful what you wish for. Because granting the president the power to ignore or overrule Congress is not a right that only applies to presidents you agree with.