American Elephants


Obama’s At It Again, Rewriting the Law and Legislating From the Oval Office. by The Elephant's Child

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President Obama has no intention of spending his last months in office trying to persuade Congress to do what he wants. He sees no future in that, and he dislikes Republicans anyway. So it’s not exactly a surprise that he is once again trying to make law from the oval office instead of bothering with the customary route to getting his own way. I guess in law school nobody ever explained the three branches of government and the role assigned to each. Or maybe it’s just that progressives don’t have any respect for the Constitution and see no reason to pay it any mind.

President Obama has no inhibitions about rewriting laws he doesn’t like—even those he’s signed. Witness the Administration’s revision of the Every Student Succeeds Act to allow the feds to regulate state and local school spending.

The law—which passed Congress last year with large bipartisan majorities—devolved power to the states and rolled back some federal mandates. In doing so, Congress rebuffed the White House’s previous attempts to direct local education policy with No Child Left Behind waivers.

The law allowed school districts more discretion over Title I funds which are designed to help poor students. Federal policy dating back to the 1970s required that Title I funds were to supplement state and local spending, not substitute for them.

Schools complained that completing so much federal paperwork diverted resources from teaching, and anyone who just finished their income taxes might well be sympathetic. But Congress allowed school districts to develop their own methods to show their compliance. “The law also specifically prohibited the Secretary of Education from prescribing the “specific methodology a local educational agency uses to allocate State and local funds” or mandating “equalized spending per pupil for a State, local educational agency, or school.”

That’s the part of the law the administration does not like, and that they are attempting to rewrite.

The Education Department recently proposed assessing the local school district’s compliance with the law by whether a Title I school “receives at least as much in State and local funding as the average non-Title I school.” In other words, the Administration is trying to do exactly what the law prohibits it from doing.

Progressives want to force local school districts to equalize spending among all schools. Staff compensation represents more than 80% of school spending. Because of seniority rules in labor agreements and state laws, younger teachers with lower base salaries are apt to be employed at low-income schools.

Demanding equalized spending in Title I schools and non-Title I schools would force states to rewrite their educational funding statutes and districts to redo their labor agreements. Experienced teachers who earn much higher salaries might have to be forcibly transferred to low-income schools, or teachers at Title I schools might have to be paid more.”

The goal on the left — is to force school districts to employ more staff at low-income schools.” Unfortunately quantity of teachers is no more indicative of quality education than is years of tenure. Unions are not particularly interested in teacher excellence, nor quality of education, but only in collecting dues, and exercising political power.  Educational excellence usually comes from the Principals, the individual teachers and the elected representatives of the local people — the local school board— not the federal government.



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.



Obama’s Disastrous Iran Deal and Its Reverberations by The Elephant's Child

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Obama’s bizarre love affair with Iran continues: so writes Roger L. Simon at PJ Media. “In the last week or so, Obama has decided to ignore the putatively sanctioned Iranian missile tests—the ones with the “charming” admonitions for Israel to be wiped off the Earth emblasoned on the fuselage in Hebrew and Farsi—and seemingly agreed to the ayatollah’s demand that Iran should be allowed into our dollar system. A hundred and fifty billion evidently wasn’t enough.”

Iran clearly is continuing to do just as they choose, ignoring any sanctions, as if there was no ‘deal’. Congress has not agreed to any deal. Yet when Obama lightly criticizes Iran it comes across as absolutely bizarre — as advice to Iran on their business climate. “When they launch ballistic missiles with slogans calling for the destruction of Israel, that makes businesses nervous.” It makes six million Israelis nervous too.

Congress  has not lifted U.S. sanctions on Iran. Keep that in mind. The President and the Secretary of State cannot make treaties on their own. The U.S. Constitution requires congressional approval for any such agreement.

European governments and industries are heading for Tehran to get a cut of the massive windfall that the end of international sanctions. Americans are largely sidelined. However, Obama has given Boeing special permission to do business with Iran. The administration hs been cutting back on defense spending. A new market would mean jobs and decreasing the trade deficit.

Obama believes that new business will improve the Iranian economy and benefit Iran’s people who had been suffering under sanctions. The Supreme Leader has no concern for Iran’s people but is only interested in destroying Israel and the United States. He says so, regularly. Obama believes, ignoring long years of evidence, that Iran would never use a nuclear weapon, that they are people just like us who care about their people and their families.

Yousef Al Otaiba, the ambassador of the United Arab Emirates to the U.S. writes in the Wall Street Journal:

If the carrots of engagement aren’t working, we must not be afraid to bring back the sticks. Recent half measures against Iran’s violations of the ballistic-missile ban are not enough. If the aggression continues, the U.S. and the global community should make clear that Iran will face the full range of sanctions and other steps still available under U.N. resolutions and in the nuclear deal itself.

Iran’s destabilizing behavior in the region must stop. Until it does, our hope for a new Iran should not cloud the reality that the old Iran is very much still with us—as dangerous and as disruptive as ever.

“Congress is investigating whether the Obama administration misled lawmakers last summer about the extent of concessions granted to Iran under the nuclear deal, as well as if administration officials have been quietly rewriting the deal’s terms in the aftermath of the agreement, according to sources and a formal notice sent to the State Department. ”

“The concerns come after statements from top officials last week suggesting that Iran is set to receive greater weapons and sanctions relief, moves that the administration had promised Congress would never take place as White House officials promoted the deal last summer.”

The other wild card in the deal is the price of oil, which is running currently at about $37 a barrel — far below Iran’s break-even price. Obama will not give permission to bomb any oil field because of the environment.



Obama: Iran is Obeying letter of the Nuclear Deal, Not the Spirit by The Elephant's Child

Last Friday, President Obama had a news conference and talked a bit about his friends in the Islamic Republic of Iran. He said: “When they launched ballistic missiles with slogans calling for the destruction of Israel that makes businesses nervous…If Iran continues to ship missiles to Hezbollah, that gets businesses nervous.” And here was Obama, hoping that with the new influx of businesses from around the world, Iran would turn to improving the economy of their country and improving the lives of their people. Here’s the complete transcript.

And here’s Ezra Levant who ran across a video clip posted by the White House, of Obama boasting about just how awesome the Iran Deal is, except the nuclear program isn’t dismantled? The deal is so pathetically awful that if Obama were trying to destroy America, instead of leading the country — what would he have done differently?



America Doesn’t Have an Incarceration Problem, It Has a Crime Problem by The Elephant's Child

“In New York City the number of annual murders peaked at 2,245 —a rate  of six per day—in 1990, the first year the Democrat David Dinkins was mayor. After Republican Rudolph Giuliani took office in 1994, there were 1,177 murders in 1995 and 770 in 1997. By 2013, however, New Yorkers had only faint memories of walking the streets in constant fear.” That ‘s from William Voegeli’s essay in Commentary magazine from July 1, 2015.  “Democrats.” he said, “are gearing up to reverse decades of successful policing.

Voegeli reviews the history of our views on crime and punishment, as the political football it usually is. Hillary Clinton made crime the subject of her first major policy address of her 2016 presidential campaign. She called for creating new approaches that would “end the era of mass incarceration” as well as “working with communities to prevent crime, rather than measuring success just by the number of arrests or convictions.”

Heather MacDonald is having none of that. She says America doesn’t have an incarceration problem—it has a crime problem.

President Obama made a press saturated visit to a federal penitentiary in Oklahoma in 2015. “The cell blocks that Obama toured had been evacuated in anticipation of his arrival, but after talking to six carefully prescreened inmates, he drew some conclusions about the path to prison. “These are young people who made mistakes that aren’t that different than the mistakes I made and the mistakes that a lot of you guys made,” the president told the waiting reporters.

The New York Times suggested that there is a fine line between a president and a prisoner. Anyone who had smoked marijuana and tried cocaine could end up in federal prison. Heather MacDonald disagreed.

This conceit was preposterous. It takes a lot more than marijuana or cocaine use to end up in federal prison. But the truth didn’t matter. Obama’s prison tour came in the midst of the biggest delegitimation of law enforcement in recent memory. Activists, politicians, and the media have spent the last year broadcasting a daily message that the criminal-justice system is biased against blacks and insanely draconian. The immediate trigger for that movement, known as Black Lives Matter, has been a series of highly publicized deaths of black males at the hands of the police. But the movement also builds on a long-standing discourse from the academic Left about “mass incarceration,” policing, and race.

September 2015, “Black Lives Matter goes to the White House”

The Obama White House rolled out the red carpet this week for leaders of the racist revolutionary Black Lives Matter movement, providing yet more confirmation that the Obama administration supports its members’ increasingly violent activism.

Black Lives Matter is animated not only by anti-white racism but by a hatred of normal American values, including law and order. Its members denounce the U.S. for imagined institutional racism and discrimination against African-Americans. Members idolize convicted, unrepentant cop-killers Assata Shakur and Mumia Abu Jamal, both of whom are black, and have declared “war” on law enforcement. Its members openly call for police officers to be assassinated.

Yesterday, President Obama commuted the sentences of 61 drug offenders. These were not sentences for selling marijuana, but for dealing in hard and dangerous substances—crack, coke and PCP. The recidivism rate for offenders who commit such crimes exceeds 75 percent within five years, and that’s just the ones who are caught. Drug crimes usually go unreported because customers and dealers don’t report them. This ignores the heroin epidemic that is growing across the nation.

The President claims that the most important thing we can do is reduced the demand for drugs. He has asked for an additional $1 billion for treatment, and drug crimes must be treated as a public health problem, not a criminal problem.

One expert, Columbia University neuropsychopharmacologist Carl Hart explicitly made the case that “drug addiction is a health problem that requires treatment” is exactly the wrong way to look at the use of drugs in the United States.

“Politicians today, whether Republican or Democrat, are comfortable with saying that we don’t want to send people to jail for drugs; we will offer them treatment.” Hart said in Austin. But “the vast majority of people don’t need treatment. We need better public education, and more realistic education. And we’re not getting that.”

Why does he say most people don’t need treatment? Because—contrary to widespread perceptions—the vast majority of drug users aren’t addicts. “When I say drug abuse and drug addiction, I’m thinking of people whose psycho-social functioning is disrupted,” he said later in the talk. But for more than three-quarters of drug users (and we’re not just talking about marijuana here, either), that description doesn’t apply.

This overturns the conventional wisdom on drug addiction, but Hart thinks that’s a good thing. We’ve all been fed a diet of panic-inducing misinformation about what drugs actually do to our brains, he says.

I think #Black Lives Matter, the incarceration “problem, ” the commutation of sentences for drug dealers is all just a case of community organizing to get black Americans to the polls to vote to win an election. Too many “coincidences” and red flags go up.



Obama Searches Vainly for a Legacy in Cuba by The Elephant's Child

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Back when President Obama and Sec. of State John Kerry and Sec. of Energy Ernest Moniz were negotiating the “Iran Deal” we read that President Obama wanted to go to Tehran and shake hands on the deal with the Ayatollah Khamenei. He apparently envisioned himself in the moment when Nixon opened China, or when Reagan went to Moscow — a defining moment of his presidency. That didn’t work out, so President Obama turned his attention to Cuba.

He would “normalize” relations between the U.S. and Cuba. When he traveled to Havana this week, it was, as the Wall Street Journal’s Mary Anastasia O’Grady reported,” an effort to extract concessions, not from Communist Cuba, but from the U.S. Congress. Mr. Obama said, when he first announced that he would normalize relations, that the U.S . embargo—which prohibits foreign direct investment in Cuba by Americans, credit for Cuba from U.S. financial institutions, and Cuban sales of goods to the U.S.—should be lifted.”

The dictatorship loves the idea. But Congress believes that before there are American investments in Cuba the regime ought to pay for the property it stole after the 1959 revolution, and ensure basic human-rights for Cubans. Since Congress still passes the laws in this country, Mr. Obama’s capitalism for the Castros remains uncertain until U.S. lawmakers capitulate.

The spectacle in Cuba, choreographed by the dictatorship is supposed to make Americans comfortable with the idea, and make Congress appear unreasonable. The Cuban regime has offered no concessions whatsoever, and said firmly that they have no intention of changing, but Obama believes that increasing trade will force Cuba to relent.

The president apparently does not understand that any payment for Cuban workers hired by an American company goes, not to the worker, but to the Cuban State, which pays the $15 or $20 a month to the worker, and keeps the rest to enrich the Castros and the Cuban regime. “U.S. hotel chains, for example, will become minority partners with the Cuban military, which owns the tourism industry.”

Obama’s policy has made changes in Cuba, just not what he expected.

Cubans are suffering a wave of terror –involving everything from thousands, upon thousands of arbitrary arrests by KGB-trained secret police to machete attacks by regime-paid mobs against peaceful women dissidents—surpassing anything seen in decades.

Cubans are risking their lives to flee Cuba at a rate unseen for decades.

President Obama made some remarks about ending the last remnants of the Cold War, but seem a little vague about the history. He has crowed about being the first American president to visit Cuba in nearly 90 years.

The Castro dictatorship’s alliance with the Soviet Union and the military standoff in 1962 over the installation of nuclear-armed Soviet missiles just 90 miles off the U.S. coast might well have ended in WWIII. That was a fairly big deal in history. The visit, and the ‘surrender’ of the American president is a coup for the Communist regime. As with Obama’s Iran Deal, what we get out of Obama’s Cuba Deal remains a mystery. There have been no concessions, and Raul Castro essentially told Obama that human rights in Cuba are none of his business.

But Leftists seem to see only the quaint American automobiles from the 1950s, and the old buildings without understanding why they are old and quaint.



Obama is Frustrated by The Separation of Powers by The Elephant's Child

It’s called the U.S. Constitution, and it’s the envy of the world. That old document that the Left finds so annoying. Nearly eight years in office, an oath twice taken:

I do solemnly swear that I will faithfully execute
the office of the President of the United States,and will
to the best of my Ability, preserve, protect and defend
the Constitution  of the United States.

And he still doesn’t get it.




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