American Elephants


Why Have Immigration Laws if The President Just Makes Up His Own? by The Elephant's Child

In the case over the Obama administration’s controversial immigration reforms, U.S. v. Texas, the Supreme Court confessed its inability to bring clarity to the broader debate over the scope of  executive authority, splitting four-four and affirmed the U.S. Court of Appeals for the Fifth Circuit by an equally divided vote. This essentially means that in all likelihood, had Justice Antonin Scalia not passed away earlier this year it would have been settled.

On Thursday the Supreme Court shot down Barack Obama’s illegal executive amnesty – something he alleged at least 22 times he did not have the authority to pass before he went ahead and pushed through his executive authority anyway.

“During his comments Barack Obama once again argued that we need illegal aliens to “make our beds.” Well, never mind. “Speaking shortly after the Supreme Court’s immigration decision, President Obama made it ‘very clear’ that deporting illegal immigrants is not a priority of his administration.”

We knew that. We are interested in why this president who swore an oath to uphold the Constitution believes that he should overrule it.  Obama wants more Democrat voters. He has lied about deportations insisting that he has deported more people than any other president in history. That’s hooey. There are always consequences. Criminal immigrants reoffend at a higher level than ICE has suggested.  A smuggling network brings Middle East illegalsObama-shoes-3 to our border. Obama accuses a judge of “scaring’ illegal aliens from signing up for amnesty. Here are the shoes handed out to many of the “unaccompanied children” who arrived last year, to remind them of just who allowed them in, and gave them shoes.

Six diseases that had been near eradication are making a comeback, thanks to Obama’s refugee resettlement industry.  They are 1.Tuberculosis 2.Measles 3.Whooping Cough 4.Mumps 5.Scarlet Fever and 6. Bubonic Plague. The number of communicable TB cases, dubbed active TB, increased by 1.7 percent to 9,563 in 2015, after 23 years of steady decline in the United States. Parents who got all excited about the canard that vaccination is bad, should investigate those claims a little more thoroughly.

The problem is not so much illegal immigration, as it is that the President of the United States seems to believe that he is above the law and has no need to follow the laws. That’s really a problem.



Further Funny Facts From the Democrats Fateful “Sit-In” by The Elephant's Child

Democrats were inspired by memories of the Sixties, and decided to hold a “Sit-In” on the floor of the House chamber. They were demanding gun control by disallowing anyone on the no-fly list from being able to purchase a gun. Trouble is, the U.S, Constitution guarantees citizens Due Process before they get forbidden to do something—that means a hearing before a judge or judge and jury, not a quickie law written as a stunt. But as people started to focus on the stunt, they quickly learned that 26 of the Democrats who took part in the sit-in own guns.

Rep, Lewis was once on the no-fly list (erroneously), but they were interested in backing up their ban on buying guns with evidence, but the evidence clearly shows that crime has been dropping for several years, but is starting to edge up in response to the anti-cop publicity, and release of felons from prison (who have a 75% recidivism rate).

Then it began to get funny. Several Twitterers pointed out that it was absurd to stage a “sit-in” on the floor where there were enough chairs for everyone.  Charlie Rangel said he thought it should not be possible for his constituents to own guns, but when asked, said that Congressmen ‘deserve’ protection. Despite a long speech about the problem of guns in the inner city and the deaths of so many young blacks, when it came time for dinner they turned to the fast food restaurant that NY Mayor De Blasio demanded that New Yorkers should boycott — Chick-fil-A. Which was also a validation of the restaurant’s tasty fried chicken and denied Chick-fil-A’s supposed anti-gay bigotry.

The media fell all over themselves with the drama of a real live sit-in, and failed to notice the absurdity of the whole thing as the video above shows. Don’t expect consistency or logic. That’s just the way Democrats are.

 



Crime and Punishment and the Illusions of the Left by The Elephant's Child

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An official from the U.S. Department of Justice has said the agency will no longer call people “felons” or “convicts” after they are released from prison — because it is too hard for them emotionally.

This fits right in with the Obama administration plan to release large numbers of “non-violent”  felons to remedy “mass incarceration.” To a liberal, crime is never the fault of the perpetrator. It is the fault of society, the criminal’s parents, his lack of a good education, poverty, drugs, or lack of opportunity. Federal prisons are filled with “first-time, non-violent drug offenders” they claim, who were caught up by the criminal justice system and imprisoned, unfairly, for years. This conviction is behind the current drive for criminal justice reform.

Mass incarceration of such prisoners tears apart families, and most of these unfairly imprisoned and nearly innocent are African American, which means that the system is deeply racist. Trouble is that all of these popular buzz words are bunk. There is no mass incarceration. Each prisoner is there because he was arrested for committing a felony, was convicted by a judge and jury or pleaded guilty, may have appealed the sentence or chose not to to appellate courts and received all the rights of due process that are provided by the U.S.Constitution.

The Bureau of Justice Statistics shows that almost all drug offenders in federal prison are serving sentences for drug trafficking, which does not mean selling small amounts of marijuana or heroin.

The Butterfield Fallacy is also at work here. Because crime has decreased, it is believed there is no need for so many people to be in prison. Wrong assumption. Crime is down in a simple cause and effect matter. Because so many criminals are in prison, there is less crime. The vast majority of prisoners are in state prisons, not federal prisons. Recidivism rates for chronic drug traffickers are over 75 percent, in other words three quarters of those released will be arrested again for committing serious crimes. And for every arrest, such criminals commit, on average, twelve other unsolved crimes.

Malcolm B. Benson pleaded guilty to second-degree murder in 1995, and spent 19 years behind bars. He was released early for good behavior in January 2015. It took him only nine months to kill a 59 year-old Army veteran who was waiting at a bus stop on his way to work, when Benson shot him during a botched robbery. Recidivism is common.  According to Breitbart —

Over the past several years, the U.S. Sentencing Commission has ordered the release of thousands of serious criminals from federal prison, and in 2014 reduced the guidelines for all drug traffickers, regardless of the type of drug, criminal history, history of violence, gang or cartel ties making over 46,000 convicted drug traffickers eligible for early release. It is estimated that the bills now pending in Congress could make another 12,000 eligible for early release.

Jason L. Riley, writing in the Wall Street Journal. asked plaintively:

Why the fate of criminals should matter more than the fate of crime victims is a question that went largely unasked, let alone answered, during last week’s bipartisan celebration of President Obama’s decision to release dozens of individuals from prison and push for looser sentencing guidelines.

If the president is to be believed, it is not the prevalence of thugs that turns black ghettos into living nightmares for residents. Rather, the police, prosecutors and judges who pursue lawbreakers are the bigger cause for concern.

“A growing body of research shows that people of color are more likely to be stopped, frisked, questioned, charged, detained,” said Mr. Obama in his recent address to the NAACP. “What is that doing to our communities? What’s that doing to those children? Our nation is being robbed of men and women who could be workers and taxpayers, could be more actively involved in their children’s lives, could be role models, could be community leaders.”

This is apparently a big part of President Obama’s effort to establish a legacy. He is attempting to empty the detention center at Guantanamo Bay as well, and no new detainees have been held there. He just released the detainee responsible for the attack on the USS Cole, and the deaths of 17 servicemen. Congress has acted to make it illegal to bring detainees to the United States, but none seem to be tried by Military Commissions, as was the original intent, and most of those released have returned to the battle against Americans.

ADDENDUM:The White House “announced that they have commuted the sentences of 58 federal convicts, part of a broader push to revamp the criminal justice system and ease punishments for nonviolent drug offenders.”
Those whose prison terms were cut short include 18 who were sentenced to life terms.. Most will be released on September 2, though others will be released over the next 2 years.This group includes defendants who were convicted of selling cocaine, crack and methamphetamine, and makes a total of 306 whose sentences Obama has commuted.



The Earth is Greening From CO2, And That’s a Very Good Thing. by The Elephant's Child

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The U.S. Supreme Court issued a stay against the Environmental Protection Agency’s global warming plan in February. But EPA officials are moving right ahead with a central part of the Clean Power Plan (CPP). They’ve devised a song and dance way to get around the order from the court. Court orders don’t have the authority under this administration that they once did.

The EPA submitted a proposal to the White House for green energy subsidies for states that meet the federally mandated carbon dioxide reduction goals early. The Clean Energy Incentive Program would give “credit for power generated by new wind and solar projects in 2020 and 2021” and a “double credit for energy efficiency measures in low-income communities,” according to Politico’s Morning Energy. …

EPA argues it’s doing this for states that want to voluntarily cut emissions — despite this being part of CPP.

“Many states and tribes have indicated that they plan to move forward voluntarily to work to cut carbon pollution from power plants and have asked the agency to continue providing support and developing tools that may support those efforts, including the CEIP,” reads a statement provided to Politico from EPA.

A report says that the Earth is turning greener because of carbon dioxide emissions, but America is not doing its part. Other countries are pumping out more CO2, shutting down wind farms, and the United States has cut its output. In 2000, America pumped out 5,868 million metric tons of CO2, then 6,001 million metric tons in 2007, and the figure fell to 5,406 in 2014. This means an increase in growing season over 25% to 50% of the global vegetated areas, which means more hungry people are fed, and more small children live to grow up.

Theoretically we all learned about photosynthesis in junior high or high school. More CO2 means more plant life. We breathe in the air, use the oxygen, and exhale CO2. If CO2 were poisonous or dangerous we’d all be dead from breathing on each other.

A new study says that if the extra green leaves prompted by rising CO2 levels were laid in a carpet, it would cover twice the continental USA.

Climate skeptics argue the findings show that the extra CO2 is actually benefiting the planet.

The new study is published in the journal Nature Climate Change by a team of 32 authors from 24 institution in eight countries. But the numbers don’t count in science. What counts is what the evidence proves.

Norwegian scientists, according to a 30-year long study, are finding that plants adapt well to differing environmental conditions — in contrast to claims that plants won’t be able to adapt from the climate worriers. “There is a kind of flexibility in the genetic material, …much like a ‘molecular thermostat’ that can shift the growth cycle of the plant” said Carl Gunnar Fossdal of the Norwegian Institute of Bioeconomy Research. “This phenomenon has great importance for the discussion around climate change.” The scientists speculate that animals adapt in the same way, suggesting that the evidence linking global warming to extinctions is sparse.

The Climate Change Lobby, like much of the rest of the Left, doesn’t like disagreement, nor studies that contradict their firmly-held truths. They want to shut the contrary voices up. No skeptics allowed. That’s why the word “skeptic” never passes the green lips — it’s always deniers — like holocaust deniers,  you see. They don’t accept mild rebukes, nor proof of error. It’s their way or the highway. They have too much invested in changing the world and ending nasty capitalism.



The European Union is Coming Undone Over Political Correctness. Could We Just Use Common Sense Instead? by The Elephant's Child

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The news almost daily has headlines regarding the influx of refugees or migrants into Europe. They are generally referred to as Syrian refugees or Syrian migrants, but they come from a wide range of countries including many from Africa, and Asia as opposed to what we usually think of as the Middle East. We have seen pictures of massive marches of immigrants in Europe and read the tales of the problems Europe is having with their refugees, and specifically with Islamic terrorism. Paris and Brussels are only the start.

Did you know that the Obama administration has issued around 680,000 green cards to migrants from Muslim nations during the last 5 year period? If there is no change in current policy, the U.S. will admit another 680,000 over the next five years, or possibly more. During the same five years, we issued green cards to only 270,000 migrants from the European Union.

According to DHS files the largest numbers of migrants came from Iraq and Pakistan with 83,000 each, and 75,000 from Bangladesh, 45,000 from Egypt, 31,000 from Somalia, 24,000 from Uzbekistan, Turkey and Morocco had 22,000 migrants each, Jordan and Albania 20,000 each and Lebanon and Yemen each had 16,000. Indonesia (15,000), Syria (14,000), Sudan (13,000), Afghanistan (11.000). and Sierra Leone  (10,000). There were only a few thousand each from Saudi Arabia, Algeria, Kosovo and Libya.

The administration, aside from being unable to say the words ‘Islamic terrorism,’ seems to believe that terrorism doesn’t really exist— even when the Ayatollah Khomeini leads his followers in chants of ‘Death to America‘ and ‘Death to Israel‘ — that’s just P.R. to please the locals. The programs launched by the administration to reach out and protect Muslims are extensive, and the administration has agreed to a terrorist front’s demands to purge FBI’s anti-terrorism material that was thought to be ‘offensive’ to Muslims.

A closely watched case, United States v. Texas, is going to be argued before the Supreme Court on April 18, Monday. The court surprised watchers when it asked that the parties in that case address a question they did not raise in their briefs: whether President Obama’s “Deferred Action for Parents of Americans” (DAPA) order violates the “Take Care Clause” of the Constitution. (“he shall take care that the laws be faithfully executed,”) That clause had never before been addressed by the Court. An interesting development for the president who has said “I have a phone and a pen,” and has not been troubled by taking the laws into his own hands.

DAPA is a set of executive branch directives giving some four million illegal aliens who have given birth to children in the United States what the orders call “legal presence” — even though they are here in violation of the law. This “legal presence” entitles DAPA beneficiaries to work permits, a picture ID, driver’s licenses, social security, Earned Income Tax credits, Medicaid, ObamaCare, and other social welfare benefits. Until the 2014 election, President Obama repeatedly and emphatically stated that he did not have authority to issue such an order without congressional action. Then he did it.

Absolute monarchs rule absolutely. What they say goes. It was a long battle in English history, and King John (1119-1216) did things his way until confronted with armed insurrection at Runnymede (1215) when he agreed to the Great Charter which established the principle that even kings are not a law unto themselves, and must act through settled law.

The framers of the U.S. Constitution took care to carefully consider what prerogative powers were suitable for an American president. Much of the Constitution is devoted to replacing prerogative powers with settled law. Henry VIII believed his royal proclamations should have the force of law —Parliament repealed the Act of Proclamations.

As our Constitution was being written, the Committee on Detail changed the words of the draft Constitution which vested a “single person” with the power to carry into execution the national laws” to read “he shall take care that the laws of the United States be duly and faithfully executed.” That changed the execution of the law from a power to a duty rather than a power, indicated by the word “shall.” A reversal would portend ever-increasing  exercise of executive powers. The question is not whether the president’s rule would make good policy, but whether the Constitution allows the president to rule statutory violations. It does not.

The State Department wants to increase the rate of bringing Syrian refugees to the United States to an average of 1,500 a month in order to meet President Obama’s target of settling 10,000 refugees in the country by September.  Why by September? That’s Obama’s target —perhaps he expects to get 10,000 of them voting by November. Who knows? We have Trump’s Yuge wall, 40 feet tall, that he claims he will make Mexico pay for, which is absurd. The 18 to 24 month time for processing admission of  refugees has reportedly been slashed  to 3 months to meet the president’s goal of 10,000 refugees this fiscal year.

Although the Muslim immigrants clearly include some ISIS members seeking entrance to the U.S, (they are certainly plentiful among European migrants), the slashing of processing time is worrying. It would seem that immediate admissions should focus on providing a safe haven for the remnants of historic Christian communities throughout the Middle East that are now targeted for extinction. Churches have been burned, priests arrested, Christians have been tortured, raped and crucified. They have nowhere to go. Present policy does not take into account their precarious situation. The State Department accepts refugees from lists prepared by the Office of the U.N. High Commissioner on Refugees which oversees the large refugee camps— but Christians do not dare enter those camps, where they are attacked and targeted by Islamists.

Playing politics with Immigration is a particularly unseemly thing to do. Instead of efforts to carefully vet Muslim immigrants, we run into accusations of “Islamophobia,” designed to stop any dissension. Religious freedom, promised by our Bill of Rights, does not aim to free those who are intending terrorist attacks. There are many tenets of the Muslim faith that are directly antithetical to the U.S. Constitution. We should be able to clearly explain those to all Muslim immigrants. We do not tolerate honor killings, we do not regard women as second-class citizens, we don’t accept wife-beating, and rape is a crime. These are serious prison offences. That is not Islamophobia — it’s just clearly setting the ground rules. There should be a clear discussion of rules that are in the Koran that are not acceptable under our Constitution. If they cannot agree to American law, perhaps they would prefer to go elsewhere.

One of the most despicable acts of President Obama has been to delete some of the requirements under the law for becoming an American citizen. That’s why Europe is in such great turmoil at present. They have no programs for assimilation, or for becoming a citizen of a particular country. European nations have always been tribal, with  differing languages, customs and rules. After centuries of constant and deadly wars they thought to end them by opening borders and sharing finances and laws. It hasn’t worked. An unelected and unrepresentative bureaucracy merely substitutes for the absolute monarchs that once ruled Europe, and the people are not quite at the armed insurrection stage, but it’s not all peaches and cream either. Political correctness dictates acceptance of poor refugees, common sense dictates something else.

Emma Lazarus’s “Give me your tired, your poor, your huddled masses yearning to breathe free, The wretched refuse of your teeming shore—” is all very compassionate, but hardly an acceptable guide to immigration.



It’s Not “The Establishment,” It’s The Left’s Grab For Power! by The Elephant's Child

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Are you tired of the circus that the presidential campaign has become? The latest insult from Mr. Trump is food for a thousand articles about the polls and who is up and who is not. Mr. Trump is doing an amazing job of keeping the attention of the media on his every word. Comments on posts are partisan and angry, but the anger is remarkably unfocused. Everyone is furious with “the establishment” but no one seems to know just who “the establishment” is. Presumably it’s the people they elected last time around.

The “establishment” is apparently the people who know their way around Washington, and understand how it works. And they deserve your fury because? There has been a major shift over the past seven-and-a-half years as the two major parties jockey for power. President Obama had a Democrat Congress to work with, and was able to pass all sorts of noxious laws without a single Republican vote. Lots of promises, mostly hooey, and lots of regulations that Republicans would not have put into place. But Democrats were in charge. See the Constitution and the Bill of Rights in the sidebar.

The major change has been the arrogation of power to the executive branch. Lawmaking is the task of the Congress, but this president has claimed much of that power for himself, and distributed much administrative power to the various executive agencies. From the Coyote Blog, Mr Meyer said: “This is eye opening:

In one recent year alone, Congress passed 138 laws—while federal agencies finalized 2,926 rules. Federal judges conduct about 95,000 trials a year, but federal agencies conduct nearly 1 million. Put all that together and you have a situation in which one branch of government, the executive, is arrogating to itself the powers of the other two.

he adds: This probably understates the case.  Most of the laws were probably brief fixes or extensions or for national _____ day declarations.  The administrative rules can be thousands of pages long and create nightmarish compliance issues.  Already, most of our businesses compliance efforts (which seem to be rising exponentially in time and cost) are due to administrative rules changes rather than new laws per se.

This is called “Administrative Law. Suddenly, executive agencies are writing the regulations, administering them, enforcing them and conducting trials and issuing fines or penalties to those who do not go along cheerfully. Some agencies even have their own SWAT teams.

America has witnessed a massive shift in government authority, says George Washington University law professor Jonathan Turley—one that “has occurred without a national debate and certainly not a national vote.” That shift has led to the de facto creation of a “fourth branch of government containing legislative, executive and judicial components but relatively little direct public influence.”

Turley made those remarks in recent testimony before a House Judiciary subcommittee. His talk waded deeply into the weeds of legal history and precedent, but the upshot was this: By failing to rein in regulatory agencies when they overstep their bounds, the Supreme Court and Congress have allowed those agencies not merely to administer law, but to create it—and run roughshod over the public in the process. …

All of this has happened thanks largely to a 1984 Supreme Court case called Chevron. The Reagan administration chose to relax some air-quality regulations, and the Natural Resources Defense Council challenged the decision in court. The Supreme Court sided with the Environmental Protection Agency. It did so for commendable reasons: to avoid turning the courts themselves into policy-making bodies. Rather than decide whether the EPA was right or wrong, the high court deferred to the agency. This is judicial modesty.

Daniel Greenfield said “This is how we move toward a totalitarian state. Incrementally. Step by step. Regulation by regulation implemented by a collectivist bureaucracy for all the “right leftist reasons”. You can’t object. That would be bigoted. Or mean that you have “something to hide”.

That last link notes that the EEOC has released a proposed rule requiring employers to submit employee W-2 earnings and hours worked. All employers with at least 100 employees would be required to comply. The Office of Federal Contract Compliance Programs (OFCCP) would jointly have access to the pay data for enforcement  purposes.  Whoa!

The Republican House voted in February “on legislation to make it more difficult for banking regulators to demand that banks shut down certain business accounts.” The legislation is designed “to target the Obama administration’s ‘Operation Choke Point’ a Justice Department effort to require businesses to stop banks from working with certain businesses. These businesses include lawful firearms dealers, payday lenders, escort services and other companies.”…”While the Justice Department cut off financial services to certain industries, it encouraged banks to provide services to others like illegal marijuana sales.”

We are all too familiar with the overreach of the EPA under administrator Gina McCarthy the agency is embarked on a grab for power. Philip Hamburger had a new book “Is Administrative Law Unlawful?” in 2014. Powerline chatted with him about the book, which they said is the most important book they had read in a long time.

I think this is perhaps what people are getting at when they are so angry with “the establishment” — that undefined bunch of “insiders.”That’s where the anger should be directed. Administrative Law is unlawful, unconstitutional and illegitimate. This is the power once claimed by English kings, and exactly what our Constitution was carefully designed to prevent.



A Little Straight Talk About Where we Are by The Elephant's Child

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Here’s some straight talk about our current problems. Unfortunately, straight talk is somewhat rare, but knowledge of what is true and what is not is a good first step.

Leon Aron, resident scholar and Director of Russian Studies at AEI.

—”The clash of philosophies

From Alabama to Denmark, Nevada to the Netherlands, and from Arizona to Sweden and Germany, Hungary and Poland, voters are flocking to right/left populist, nationalist, isolationist, and nativist demagogues, parties, and movements.

The trend sweeping Europe and the United States is broader and deeper than politics. …This chasm is not merely ideological. It is ethical, linguistic — almost anthropological

Victor Davis Hanson senior fellow at the Hoover Institution.

How America Lost Its Groove

Deterrence is lost through lax foreign policy, an erosion of military readiness, and failed supreme command — often insidiously, over time, rather than dramatically, at once. The following random events over the seven years that Barack Obama has been in office have led to the idea abroad that the U.S. is no longer the world’s leader and that regional hegemonies have a golden opportunity to redraw regional maps and spheres of influence — to the disadvantage of the West — in the ten months remaining before the next president is inaugurated.

A Nation of Laws—Sort Of

Any fair reading of State Department and general federal government laws regarding the use of classified information by federal employees makes it is clear that Hillary Clinton violated the law—both by improperly setting up her own private server, and then by sending information through it that was classified. …

If she is not indicted by the Obama administration for violations of federal laws or conspiracy to obstruct justice, in the future it will be almost impossible to prosecute successfully any federal employee for violating government protocols about the handling of classified information.

Hold Colleges Accountable to the Real World

The public is steadily losing confidence in undergraduate education, given that we hear constantly about how poorly educated are today’s graduates and how few well-paying jobs await them.

The cost of college is a national scandal. Collective student-loan debt in America is about $1.2 trillion. Campus political correctness is now daily news.

How could higher education be held accountable and thereby be reformed?

These latest linguistic contortions to advance ideological agendas follow an established pattern of the Obama administration and the departments beneath it.

Director of National Intelligence James Clapper described Egypt’s radical Muslim Brotherhood as “largely secular.” CIA Director John Brennan has called jihad “a legitimate tenet of Islam,” a mere effort “to purify oneself.

Bill Gertz national security columnist for The Washington Times

Cybercom sounds alarm on infrastructure attacks

The commander of the U.S. Cyber Command warned Congress this week that Russia and China now can launch crippling cyberattacks on the electric grid and other critical infrastructures. …

Most military operations involve the use of commercial infrastructure and thus their vulnerabilities to cyberattacks are a major concern.

“If you were able to take that away or materially impact the ability to manage an air traffic control system, to manage the overhead [satellite] structure and the flow of communications or data, for example, that would materially impact [the Defense Department’s] ability to execute its mission — let alone the broader economic impact for us as a nation. …




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