American Elephants


The Left’s Distaste for Democracy. by The Elephant's Child

President Obama, we are told, has little respect for the Constitutional separation of powers. Recently, he has announced in several statements, that he intended to govern without Congress. He would go around the legislative branch, and accomplish what he wanted by executive order and agency regulation.

On his return from Hawaii, Mr. Obama has concluded that he has the legal authority to make a recess appointment  of Richard Cordray to head the new Consumer Financial Protection Bureau without Senate approval.

Senate Republicans say they will not confirm anyone to the post until substantial changes are made to the bureau’s structure. Last month the Senate voted 53-45 to take up the Corday nomination, falling short of the 60 votes needed.  The White House has decided to make the recess appointment even though there is no recess.  They have decided that no one can stop them. The new bureau, as structured, has no limits to its authority, and leaves the bureau open to intrude in consumer’s finances in ways far too intrusive. It is an unneeded addition to the federal bureaucracy.

The Left has a general distaste for democracy. Peter Orsag, Obama’s former OMB head, writing for the New Republic, suggested that Americans need to transfer much of the operation of government out of the hands of Congress, and into the hands of unelected and brighter bureaucrats. He proposed creating automatic boards of unelected administrators and “trigger” mechanisms that automatically set policy unless Congress specifically proposes an alternative.

North Carolina’s governor Bev Perdue raised eyebrows back in September when she suggested simply suspending elections for a few terms so congressmen would not have to worry about angering their constituents.

The Justice Department has ordered a halt to South Carolina’s new photo ID  law.  On Dec. 23, Assistant Attorney General Thomas E. Perez sent a letter ordering South Carolina to stop enforcing its photo ID law, with the claim that South Carolina’s law would disenfranchise thousands of minority voters. South Carolina Attorney General Alan Wilson rejected Mr. Perez’s math.  The state Election Commission found 239,000 people registered to vote with no photo ID. The DMV found that 37,000 were deceased, over 90,000 had moved away, and others had names not matched to ID. That left 27,000 people registered without an ID but who could vote by signing an affidavit as to their identity.

Leading Democrats have been attempting to portray photo ID as the second coming of Jim Crow, but all states provide photo IDs for free if they cannot afford one. The U.S. Constitution empowers the states to enact voting procedures without input from the national government, such as setting the voting age and election days for federal offices.  The 15th and 19th amendments ensure that no one is denied the right to vote based on race or sex.

The 1965 Voting Rights Act authorizes the U.S attorney general  to review changes to voting procedures or redistricting. A 2005 bipartisan Commission of Federal Election Reform found no evidence that requiring photo ID would suppress the minority vote, and recommended a national photo ID system and a campaign to register voters.

A U.S. District Court judge has rejected a challenge to the Voting Rights Act filed when the Dept. of Justice barred the city of Kinston, NC from holding nonpartisan elections — reasoning that lack of access to party affiliation would discriminate against minority voters who otherwise wouldn’t know how to find Democrat candidates on a ballot.

In New Haven, CT, Mayor John DeStefano seeks to extend voting rights to illegal immigrants. He contends that the rights to vote guaranteed by the Constitution are limited to federal elections.  The question is if the mayor has the authority to extend the right to vote. The mayor has also barred police from asking community residents who had not been arrested to prove their legal status.

The U.S. Citizenship and Immigration Services are pressuring rank-and-file officers to rubber-stamp immigrants’ visa application, sometimes against the officers’ will. A report drafted by the Office of the Inspector General details the pressure immigration officers are under to approve visa applications quickly, overlooking concern about fraud, eligibility or security. The report found that 14% of respondents had serious concern that employees who focused on fraud or ineligibility were evaluated unfairly.

Democrats want to make sure that everybody and all their dead relatives gets to vote. People are careless about their voting rights, they move and do not cancel their registration, they die and no one tells the election authorities, ACORN has been convicted of voter fraud in many states, has been denied funding by Congress, and is still being funded by the Obama administration under different names. We have experience of fraudulent elections here in Washington State, and it really makes you angry when your vote is cancelled by someone registered as Mickey Mouse.

ADDENDUM: I’m told I’m not clear about voting rights. Determining voting rights is a state matter, except—The Voting Rights Act of 1965 outlaws discriminatory practices that had been responsible for disenfranchisement of African Americans in the U.S.  The act prohibits states from imposing any voting qualification or prerequisite to voting to deny or abridge the right to vote on account of race or color. It was specifically designed to outlaw literacy tests in order to register to vote, but as amended in 1982  prohibits any voting practice or procedure that has a discriminatory result. The DOJ is authorized to “preclear” any attempt to change any voting requirement in states that had less than 50% of the voting age voting in 1960 and/or 1964. It’s all very complicated, but there is no federal constitutional right to vote for electors for the President of the United States.




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