Isn’t Congress Supposed To Be The One Making Laws?

On April 21, American Greatness posted an article about some new regulations the Biden administration is planning for Title IV.

The article reports:

On April 19, 2024, the Biden administration finalized regulations it proposed in July 2022. Likely to avoid backlash at the polls this November, the administration recently indicated it is postponing finalizing the proposed sports-related Title IX regulations it published in April 2023. In each case, the regulations do something that not only the Executive Branch does not have authority to do but also what Congress has specifically declined to do.

They declare that “sex” in Title IX actually means sex, sexual orientation, and gender identity.

The Executive Branch has no authority to make such a radical change in the meaning of a statute. But this is no ordinary Executive Branch. This is the one whose chief executive recently boasted that although the Supreme Court ruled that he does not have the authority to forgive student loans, he is doing it anyway,[ii][ii]1 requiring truckers and plumbers to absorb the cost of strangers’ ineffectual college degrees. And although the President is required to administer and enforce the laws Congress has passed, this President has steadfastly refused to enforce our nation’s immigration laws.

Our government of, by, and for the people has bit by bit become a government of forced mandates to which we do not consent. Mandatory school, business, and church closures during 2020, along with required COVID-19 shots, were but the most visible recent manifestation of this trend.

The Development, Relief, and Education for Alien Minors Act, commonly known as the DREAM Act, was first introduced in Congress in 2001 and reintroduced numerous times thereafter. Each time, members of Congress, mindful of the opposition of their constituents, refused to pass it. Nonetheless, in 2012, without even relying on his phone and his pen as he had threatened, but merely with a memorandum from the head of his Department of Homeland Security, President Obama implemented DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans), a similar program for their parents, in effect implementing provisions of the law—the DREAM Act—which Congress repeatedly refused to pass.

Where is Congress? Hasn’t anyone in Congress figured out that this is not the government of our Founding Fathers? The checks and balances our Constitution put there are there for a reason. Congress needs to stand up and take back the power our Founding Fathers gave it.

About That Oft Repeated Concern For The Constitution…

Yesterday PJMedia posted an article about constitutional violations under President Obama. Somehow I don’t remember the Democrats being very upset about those violations.

The article lists the violations:

5. Illegally firing an inspector general

In 2009, Barack Obama illegally fired Gerald Walpin, the inspector general for the Corporation for National and Community Service,  without notice or providing the legally mandated explanation for the firing to Congress. Obama did this to protect Sacramento Mayor Kevin Johnson, an ally of his, whom Walpin had been investigating for misusing federal funds Walpin had discovered a cover-up of sexual assault allegations by minors against Johnson.

4. Giving “green energy” loans to donor companies

If you want to talk about an abuse of power, Barack Obama and Joe Biden were both personally involved in the decision-making process to determine who got $80 billion for clean energy loans, grants, and tax credits for green energy companies, in a highly politicized process that favored companies that supported the Obama-Biden campaign over those that didn’t. It was no coincidence that the companies that got all the cash were donors to their campaign. In fact, DOE officials expressed concerned that Obama and Biden’s involvement was putting taxpayer dollars at risk. Not only did they give all this money to green energy companies that donated to their campaign, but the Obama administration also stole proprietary technology from companies that didn’t get the loans to the Obama cronies who got them. This scandal was much bigger than Solyndra, but the calls for Obama’s impeachment weren’t there.

3. Unconstitutional recess appointments

When Obama made a number of controversial picks for the National Labor Relations Board (NLRB), he was unable to get them through the Senate. So, in January 2012, he declared his nominees appointed to the Senate via recess appointments. Except the Senate wasn’t even in recess at the time. Obama’s actions were such a blatant abuse of power that experts on both sides of the aisle blasted Obama for what he did and a federal appeals court overturned the appointments a few days after his second inauguration, declaring, “Allowing the president to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers.” The United States Supreme Court ultimately took up the case, and unanimously agreed Obama abused his power.

2. Illegally reinterpreting Title IX

When Title IX was written, the goal was to protect people from discrimination based on sex in education. The notion of “gender identity” or “gender expression” wasn’t even a thing back in 1972 when it was passed. Nevertheless, Obama unilaterally decided that “sex” meant “gender identity” and threatened to enforce this bizarre idea. This was a huge violation of the rights and privacy of women and girls nationwide without so much as a national debate in Congress, where this issue needed to be worked out. Instead of going to Congress, Obama simply threatened educational institutions at all levels with the loss of Title IX funding if they didn’t comply and allow boys to share bathrooms, locker rooms, and dorm rooms with girls, as well as allow boys to play on girls sports teams. Obama’s going around Congress on this issue was a huge violation of power.

1. Changing immigration law via executive order

The truth is, Obama spent most of his presidency with a divided Congress or a GOP-controlled Congress. His radical left-wing agenda was mostly DOA because rather than work toward compromise legislation, his default position was to act on his own, assuming the executive authority to change laws via executive fiat. Anyone who’s familiar with the Constitution knows he had no such authority.

Still, when the DREAM Act failed to pass, Obama issued an executive order creating DACA, an executive-branch version of the DREAM Act. Obama literally bypassed Congress, changing U.S. immigration law via executive pen to appease his pro-open-borders base.

There seems to be something of a double standard here. The Democrats are not able to name one instance where President Trump abused his power or violated the Constitution, yet there was not a peep out of them when President Obama openly violated the Constitution.

The Attempt To Change The Demographics Of America Continues

On its Corruption Chronicles page, Judicial Watch posted the following yesterday:

An open borders group that has benefitted from U.S. taxpayer dollars and is funded by leftwing billionaire George Soros launched a smartphone application to help illegal immigrants avoid federal authorities. The app, Notifica (Notify), is described in a Laredo, Texas news article as a tool to protect immigrants living in the U.S. illegally by utilizing high tech and online social communications. With the click of a button, illegal aliens can alert family, friends and attorneys of encounters with federal authorities. “Immigration agents knocking at the door?” the news story asks. “Now, there’s an app for that, too.”

The group behind the app is called United We Dream, which describes itself as the country’s largest immigrant youth-led community. The nonprofit has more than 400,000 members nationwide and claims to “embrace the common struggle of all people of color and stand up against racism, colonialism, colorism, and xenophobia.” Among its key projects is winning protections and rights for illegal immigrants, defending against deportation, obtaining education for illegal immigrants and acquiring “justice and liberation” for undocumented LGBT “immigrants and allies.” Illegal aliens encounter lots of discrimination, which creates a lot of fear, according to United We Dream. “We empower people to develop their leadership, their organizing skills, and to develop our own campaigns to fight for justice and dignity for immigrants and all people,” United We Dream states on its website, adding that this is achieved through immigrant youth-led campaigns at the local, state, and federal level.

United We Dream started as a project of the National Immigration Law Center (NILC), according to records obtained by Judicial Watch. Between 2008 and 2010, NILC received $206,453 in U.S. government grants, the records show. The project funded was for “immigration-related employment discrimination public education.” Headquartered in Los Angeles, NILC was established in 1979 and is dedicated to “defending and advancing the rights of immigrants with low income.” The organization, which also has offices in Washington D.C. and Berkeley, California claims to have played a leadership role in spearheading Barack Obama’s amnesty program known as Deferred Action for Childhood Arrivals (DACA), which has shielded hundreds of thousands of illegal aliens from deportation. “Ultimately, NILC’s goals are centered on promoting the full integration of all immigrants into U.S. society,” according to its website.

Both the NILC and its offshoot, United We Dream, get big bucks from Soros’ Open Society Foundations (OSF). In fact, both nonprofits list OSF as a key financial backer. In the United States Soros groups have pushed a radical agenda that includes promoting an open border with Mexico and fighting immigration enforcement efforts, fomenting racial disharmony by funding anti-capitalist black separationist organizations, financing the Black Lives Matter movement and other groups involved in the Ferguson Missouri riots, weakening the integrity of the nation’s electoral systems, opposing U.S. counterterrorism efforts and eroding 2nd Amendment protections. OSF has also funded a liberal think-tank headed by former Hillary Clinton campaign chairman John Podesta and the scandal-ridden activist group Association of Community Organizations for Reform Now (ACORN), so corrupt that Congress banned it from receiving federal funding.

Incredibly, the U.S. government uses taxpayer dollars to support Soros’ radical globalist agenda abroad. As part of an ongoing investigation, Judicial Watch has exposed several collaborative efforts between Uncle Sam and Soros in other countries. Just last week Judicial Watch published a special investigative report that exposes in detail the connection between U.S.-funded entities and Soros’ OSF to further the Hungarian philanthropist’s efforts in Guatemala. The goal is to advance a radical globalist agenda through “lawfare” and political subversion, the report shows. Much like in the United States, OSF programs in Guatemala include funding liberal media outlets, supporting global politicians, advocating for open borders, fomenting public discord and influencing academic institutions.

Last year Judicial Watch exposed a joint effort between the U.S. government and Soros to destabilize the democratically elected, center-right government in Macedonia. Records obtained by Judicial Watch in that investigation show that the U.S. Ambassador to Macedonia worked behind the scenes with OSF to funnel large sums of American dollars for the cause, constituting an interference of the U.S. Ambassador in domestic political affairs in violation of the Vienna Convention on Diplomatic Relations. The cash—about $5 million—flowed through the State Department and USAID.

Make no mistake–this is an attempt to change the demographics and culture of America. This is an attempt to end the concept of American exceptionalism and the things that make America unique. One of the things to remember as the immigration caravan sits on the Mexican-American border is that many of the members of that caravan are MS-13 gang members lying about their age. Some members of that caravan have connections to terrorism which they will deny when questioned. There are in that caravan people simply seeking freedom and safety, but we have no way of knowing who is who. I am sure some of the people in the caravan would make a positive contribution to America, but we have no way of knowing which people they are. We need to change our legal immigration system to streamline the immigration process, but we also need to gain control of our borders. We are a sovereign nation. As a sovereign nation we have an obligation to provide safety for our citizens and to make decisions that will contribute to the economic well being of our citizens. Safety and economics are things that should enter into the debate on immigration. We need to show compassion, but we also need to encourage people to come to America who are willing to contribute their skills and talent to America.

Democrats Really Don’t Want Diversity Of Opinion In Their Ranks

The Hill is reporting today that Representative Daniel Lipinski (D-Ill.) will be strongly challenged by Marie Newman, a candidate supported by the progressive wing of the Democratic Party. Representative Lipinski is pro-life, and the progressive Democrats want him removed from office.

The article reports:

But Lipinski, who has represented the Chicago-area district since 2005, has shored up support from both party leaders in Washington and the House Democrats’ campaign arm.

Lipinski, a co-chairman of the moderate Blue Dog Coalition, is no stranger to primary challenges from the left. But now he faces his toughest reelection race to date, coming under fire for voting against marriage equality, ObamaCare and the DREAM Act in 2010.

Lipinski was also one of only six House Democrats who voted in 2013 for a ban on abortions after 20 weeks, a vote that’s inflamed pro-abortion rights activists who see Lipinski as out of step with his party on the issue.

Whoever earns the Democratic nomination on Tuesday will be all but certain to win the seat in November, since it’s a reliably blue district that Hillary Clinton carried by 15 points in 2016. And Republicans have disavowed their only candidate in the race: Arthur Jones, a white supremacist and Holocaust denier.

That has Democrats who support abortion rights wondering why the party needs to compromise by running an anti-abortion rights candidate, when any Democrat is practically guaranteed to carry the seat.

…Beyond Tuesday’s primary, progressives argue that other Democrats with voting records like Lipinski’s should expect major pushback at the ballot box.

There was a time when blue-dog Democrats were welcomed in the party. The recent special election in Pennsylvania showed that moderate Democrats can win elections. I wonder how successful radically-left candidates will be in the middle areas of the country.

The Cost Of The Wall

One of the recent talking points used against those people who actually want to control our borders is the cost of building a wall. Obviously, Mexico will not directly pay for a wall–they enjoy having people come here illegally and send money back to Mexico. There is no incentive for them to put a stop to that behavior. So how do we pay for the wall?

Paul Sperry posted an article at The New York Post on Saturday that offers one possible solution.

The article reports:

Mexico won’t have to pay for the wall, after all. US taxpayers won’t have to pick up the tab, either. The controversial barrier, rather, will cover its own cost just by closing the border to illegal immigrants who tend to go on the federal dole.

That’s the finding of recent immigration studies showing the $18 billion wall President Trump plans to build along the southern border will pay for itself by curbing the importation of not only crime and drugs, but poverty.

“The wall could pay for itself even if it only modestly reduced illegal crossings and drug smuggling,” Steven A. Camarota, director of research at the Center for Immigration Studies, told The Post.

Federal data shows that a wall would work. A two-story corrugated metal fence in El Paso, Texas, first erected under the Bush administration has already curtailed illegal border crossings there by more than 89 percent over the five-year period during which it was built.

The problem is not only illegal immigrants–it’s drug smuggling. How much money and how many lives do the illegal drugs coming into America cost?

The article concludes:

While Democrats complain the $18 billion price tag for the Trump wall is too high, the “Dreamers” amnesty bill they want Trump and Republicans to pass in exchange for funding the wall (or ideally in spite of the wall) would cost US taxpayers even more than the construction of the border partition over 10 years.

“The cost of the DREAM Act has been estimated as very large — a $26 billion net cost in the first 10 years,” Camarota noted.

Indeed, the Congressional Budget Office recently estimated that 3 million DREAM Act recipients would receive an estimated $12 billion-plus in ObamaCare subsidies, more than $5.5 billion in Medicaid benefits, $5.5 billion in earned-income and child-tax credits and more than $2 billion in food stamps.

A bipartisan bill incorporating the deal was defeated in the Senate last month by a vote of 54-45. Trump rejected the proposal in favor of a tougher border bill introduced by Sen. Chuck Grassley (R-Iowa), which limits the number of DACA beneficiaries to 1.8 million, curbs family visas, or so-called chain migration, and phases out the diversity visa lottery, while earmarking $25 billion in funding for the wall and other border security.

The problem is not the money–the problem is the spending priorities.

Immigration As Seen By A Thirty-Something

Below is a guest post by Michael Daskalos, a young friend who follows history and politics very closely. The links with the paragraphs are the sources for his statements.

Trump wants a deal; and indications are that if you voted for him, you consider what he wants is pretty moderate by any reasonable standards. If you voted for him and are incredibly disappointed, it’s probably because you think this is way less effective than a reasonable and well thought out plan that involves more deportations, lots of rope and assorted other things best left unsaid…and that’s just for the Congressional Hispanic Caucus and its immigration activist allies. Let them run for office in Mexico, or the Knesset where they can have all the open borders immigration they want.
http://www.unz.com/isteve/drumpf-regime-attempts-to-deport-saintly-immigration-activist-white-collar-felon/

The sticking point is the Democrats vested interest—getting every single possible future vote out of this that they can get as fast as possible. Trump’s vested interests—getting re-elected and Making America Great Again are counter to this plan. As such President Trump wants whatever deal is made to have teeth and enforcement up front and concrete—just like people have been promised for years now. It is telling that when anyone asks for the law as written to be applied, they are called a fascistic racist white supremacist. If President Trump does not get guaranteed ironclad language, he knows he would have on his hands what most will instantly understand as “Getting Reaganed” wherein every state mentioned below gets the California treatment in short order.
http://www.thegatewaypundit.com/2018/01/shock-report-3-6-million-dreamers-us-enough-flip-florida-arizona-georgia-north-carolina/

The corporate-paid-for class of professional Republicans are fine with this. Many of them are getting forced out or retiring from seats that are becoming “electorally unwinnable” (political euphemism for “your voters were demographically displaced”) or being voluntold by their donor handlers to take the money and run because they don’t fit in this new divide. This anti-Trump gambit supported by all the anti-Trump voices we are familiar with is attempting to give the Democrats the House and increase pressure for amnesty that way and feign the appearance that Americans support it. The anti-Trump forces are also aware that one of the first actions of a Democratic House of Representatives would be to initiate the impeachment process.

http://www.bbc.com/news/world-us-canada-42821505
What flashy titles for pieces like the one linked above are doing is taking a simple thing that’s well known: Trump is ok with a few DACA recipients, a micro fraction of the eligible “Dreamers” that might be useful and possibly a few hangers on that also attended diploma mills, a path to citizenship as a bargaining chip, and framing it for a particular audience. They leave out or bury the fact that the concessions on DACA are being made in exchange for teeth everywhere else in the deal. The reason President Trump is demanding specific language is so that it won’t or can’t be expanded by the courts later, as anyone with a couple brain cells knows will happen if they have seen the last year unfold.

Those articles are an attempt to separate hardliners and reasonable people like myself from supporting the president because he might not force as tough a line as could be imagined. The governing dynamic that has to be understood is that Democrats want every single illegal immigrant in the country currently to be eligible to vote in 2018.  That’s the starting position they are working from when they approach the table for any “compromise.” The wording is to be designed to wiggle as high a number of them into that possible, and as soon as possible, regardless of language that might infer otherwise. This fight is about language that will allow Democrats and their Republican allies, you know the names, the legal space to pull shenanigans through the courts with hand picked judges to make that happen.

Let’s Look At Some Facts

While everyone in Washington is screaming that DACA (Deferred Action for Childhood Arrivals) should be repealed, let’s look at some of the facts about President Obama‘s Executive Order that began the program.

From YouTube:

When DACA was originally enacted, Paul Ryan and other Republicans agreed that it was an illegal executive overreach. They criticized it frequently. Now they are criticizing President Trump for ending it.

Red State has a very logical explanation for this change of heart:

The reason for the inaction is pretty banal. If Ryan convinces Trump to leave DACA intact, he gets his caucus through 2018 without having to cast a vote to either grant “amnesty” so some 800,000 illegals or to okay the deportation of some 800,000 people who are pretty much American in outlook. If Trump pulls the plug on DACA, then Ryan has to decide which hurts his caucus more: acting or not acting. Neither of those options is going to sell all that well.

What Ryan said is utter gibberish. Congress has uncontested power to regulate immigration and naturalization. The President is charged with faithfully executing the laws. DACA is a violation of that charge. Congress is part of the solution; in fact, Congress is the whole solution. Unfortunately, Paul Ryan wants Congress to continue being part of the problem and he wants cover from Trump to do it.

Congress has lost the ability to do anything but worry about its own re-election. We should take that worry away from them by voting them out of office.

Meanwhile, Breitbart posted an article yesterday about some of the people DACA has allowed to remain in America.

The article includes the following:

Below, Breitbart News has compiled a list of 50 of the 2,139 DACA recipients, deemed “DREAMers” by the open borders lobby, who have had their temporary protected status revoked due to crimes including: “A felony criminal conviction; a significant misdemeanor conviction; multiple misdemeanor convictions; gang affiliation; or arrest of any crime in which there is deemed to be a public safety concern,” according to the United States Citizenship and Immigration Services (USCIS) agency.

The majority of crimes by DACA recipients include: “Alien smuggling, assaultive offenses, domestic violence, drug offenses, DUI, larceny and thefts, criminal trespass and burglary, sexual offenses with minors, other sex offenses and weapons offenses,” USCIS has stated.

Do we really want these people in our country?

The adults who were brought here as children are a unique problem, but DACA is not the correct answer. Congress should actually do something constructive. The best way to handle this would be to begin to document who the ‘dreamers’ are and begin a path to citizenship for those who are actually contributing to the welfare of America. It would also be necessary to end ‘chain migration’ for the dreamers. I would allow those people brought here as children to stay, but I would prohibit them from receiving government benefits and from bringing their relatives here. Any dreamer convicted of a crime should be sent back to their home country, regardless of whether or not they have a relationship with that country. If you won’t respect our laws, you can’t stay here.

The dreamers are already here.–you can’t put toothpaste back in the tube, but America should not have to support them. They need to find a way to support themselves.

The Obama Administration Has Forgotten Its Responsibility To Enforce The Law

Yesterday The Daily Caller posted an article about a lawsuit in Arizona. The lawsuit

The article reports:

A career attorney with top ratings at Immigration and Customs Enforcement says that she faced retaliation from superiors for refusing to drop cases pending against illegal aliens guilty of DUI, identity theft and other crimes.

Patricia Vroom, 59, made the claims in a lawsuit filed last week in U.S. District Court of Appeals in Arizona against Department of Homeland Security Secretary Jeh Johnson.

Many of the cases involved were identify theft and other low-level crimes. Ms. Vroom was “instructed to look favorably for prosecutorial discretion on immigration removal cases involving the lowest level of felony convictions for identity theft under Arizona law.”

Think about this for a minute. These are felony convictions. The idea here is to allow convicted felons to stay in America illegally. Don’t we have enough convicted felons that are here legally?

The article further reports:

Vroom also claims that on Nov. 5, 2013, Downer emailed her concerning the case of an individual who was found ineligible for relief under the Deferred Action for Childhood Arrivals (DACA) program, which was started by President Obama, because of an ID theft conviction.

Unknown to Vroom at the time, top ICE and DHS officials had discussed that individual case on a conference call in August 2013.

An angry Downer emailed Vroom on Nov. 5, 2013, demanding to know why she had been unable to convince her field office director to cancel the “notice to appear” order for the alien.

Our immigration laws are currently not being enforced. They do need to be revised and brought up to date, but we do not need amnesty–we need common sense. I strongly suggest that rather than having an overactive President and a lame-duck Congress rewrite our immigration laws, we let the new Congress write them–after discussion and deliberation. Hopefully our new Congress will have some respect for the concept of making sure laws are enforced and will have some respect for the wishes of the American people.

Are These People Going To Vote ?

The Hill reported today on the changes that President Obama unilaterally made to America’s immigration policies. The Daily Caller also posted the story.

The Hill reports:

The new policy will not grant citizenship to children who came to the United States as illegal immigrants, but will remove the threat of deportation and grant them the right to work in the United States. 

According to the Department of Homeland Security, the policy change will apply to those who came to the United States before they were 16 and who are younger than 30 if they have lived here for five years, have no criminal history, graduated from a U.S. high school or served in the military. 

The Daily Caller points out:

House Judiciary Committee Chairman Lamar Smith, R-Texas, called the change a “decision to grant amnesty to potentially millions of illegal immigrants.”

“Many illegal immigrants will falsely claim they came here as children and the federal government has no way to check whether their claims are true,” Smith said in a statement. “And once these illegal immigrants are granted deferred action, they can then apply for a work permit, which the administration routinely grants 90% of the time.”

However, Democratic Sen. Dick Durbin of Illinois, who sponsored the DREAM Act, welcomed the announcement that he said “will give these young immigrants their chance to come out of the shadows and be part of the only country they’ve ever called home.”

I am sure we are going to hear more about this as the November election approaches. There are, however, a few obvious points about this policy change that need to be looked at. First of all, it is an obvious move on the part of the President to get the Hispanic vote. Second of all, it does not solve any of the immigration problem. What happens to the parents of these children–are they granted amnesty also? Third, it will not help the teenage unemployment rate, which the Bureau of Labor Statistics estimates is currently 14 percent. This is, unfortunately, a political move rather than a practical move. I understand that nothing is going to get done in Washington between now and the election, but it would have made sense to put immigration on the list for the new Congress and administration (if there is a new administration) to deal with after January.

Marco Rubio posted the following on his website:

Washington, D.C. – U.S. Senator Marco Rubio (R-FL) issued the following statement regarding today’s announcement by the Department of Homeland Security regarding its immigration enforcement policies:

“There is broad support for the idea that we should figure out a way to help kids who are undocumented through no fault of their own, but there is also broad consensus that it should be done in a way that does not encourage illegal immigration in the future. This is a difficult balance to strike, one that this new policy, imposed by executive order, will make harder to achieve in the long run.

“Today’s announcement will be welcome news for many of these kids desperate for an answer, but it is a short term answer to a long term problem. And by once again ignoring the Constitution and going around Congress, this short term policy will make it harder to find a balanced and responsible long term one.”

The Senator has it right.

 

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