The imperial presidency revisited
Though overshadowed
by the shocking Supreme Court decision on health care, the court’s Arizona immigration decision, issued three days earlier, remains
far more significant than appreciated. It was generally viewed as mixed or
ambiguous because the Justice Department prevailed in striking down three of
the law’s provisions. However, regarding the law’s central and most
controversial element — requiring officers to inquire into the immigration
status of anyone picked up for some other violation — the ruling was
definitive, indeed unanimous.
No
liberal-conservative divide here. The smackdown was 8-0. (Justice Elena Kagan recused
herself.) Not a single justice found merit in the administration’s claim that
this “show me your papers” provision constituted an impermissible preemption of
federal authority.
On what grounds unconstitutional?
Presumably because state officials would be asking about the immigration status
of all, rather than adhering to the federal enforcement priorities regarding
which illegal aliens would not be subject to deportation.
For example, under
the Obama administration’s newly promulgated regulations, there’ll be no more deportation of
young people brought here illegally as children (and meeting certain
chronological criteria). Presumably, therefore, the Arizona law is invalid
because an officer might be looking into the status of a young person the feds
now classify as here legally.
Beyond being
logically ridiculous — if a state law is unconstitutional because it’s out of
sync with the federal government’s current priorities, does it become
constitutional again when federal policy changes? — this argument is “an
astounding assertion of federal executive power,” writes Justice Samuel Alito in a concurrence. The Obama Justice Department is
suggesting that “a state law may be pre-empted, not because it conflicts with a
federal statute or regulation, but because it is inconsistent with a federal
agency’s current enforcement priorities. Those priorities, however, are not
law. They are nothing more than agency policy.”
And there’s the rub:
the Obama administration’s inability to distinguish policy from law. This
becomes particularly perverse regarding immigration when, as Justice Antonin
Scalia points out, what the administration delicately calls its priorities is
quite simply a determination not to enforce the law as passed.
This is what makes so
egregious the Obama claim that Arizona is impermissibly undermining federal
law. “To say, as the court does,” writes Scalia regarding those parts of the
law struck down by the majority, “that Arizona contradicts federal law
by enforcing applications of the Immigration Act that the president declines to
enforce boggles the mind.”
Consider this
breathtaking cascade: An administration violates its constitutional duty to
execute the law by deliberately refusing to enforce it. It then characterizes
its non-enforcement as simply establishing priorities. It then tries to strike
down a state law on immigration on the grounds that it contradicts federal law
— by actually trying to enforce it!
The logic is
circular, oxymoronic and the very definition of executive overreach. During the
Bush 43 years, we were repeatedly treated to garment-rending about the imperial
presidency, to major hyperventilation about the “unitary executive.” Yet the
current administration’s imperiousness has earned little comparable attention.
Perhaps because
President Obama has been so ineffective. It’s hard to call someone imperial
who’s failed so consistently. Or maybe not. You can surely be imperial and
unsuccessful. Waterloo comes to mind.
Regardless of results,
however, Obama’s presumption is Olympian. He takes America into a war in Libya
with U.N. approval but none from Congress. Yet that awful Bush had the
constitutional decency to twice seek and gain congressional approval before he
initiated hostilities.
The Department of
Health and Human Services issues Obamacare regulations treading so heavily on the free-exercise rights of Catholic
institutions that Obama’s own
allies rebel. The new regulation concocted to tame the firestorm blithely
orders private insurers to provide free contraceptives to employees of the
objecting religious institutions. By what possible authority does a president order private
companies to provide free services? To say nothing of the 1,200 Obamacare
waivers granted with royal arbitrariness according to the (political) whims of
an HHS secretary.
And now immigration.
Obama adopts a policy of major non-enforcement of the immigration law — a
variant of the very Dream Act he could not get through even a Democratic
Congress — and promulgates it unilaterally, while his Justice Department claims
the right to invalidate state laws that might in some way impinge on that very
non-enforcement.
The Republican
presidential campaign centers on the ineffectiveness of this administration:
failure at home, passivity abroad. A fine electoral strategy. But as citizens
we should be grateful. Given the administration’s extravagant ambitions,
incompetence is its saving grace.
*
THANKFULLY,
NO ADMINISTRATION IN HISTORY HAS BEEN INFESTED WITH A FOREIGN POLITICAL PARTY
AS OBAMA’S HAS WITH THE MEXICAN FASCIST PARTY of LA RAZA!
HIS
ADMIN IS INFESTED WITH LA RAZA SUPREMACIST!
DO
A SEARCH AT THE BLOG FOR HILDA SOLIS, OBAMA’S SEC. of (illegal) LABOR, OR HIS
AMBASSADOR TO MEX FASCIST, CECELIA MUNOZ, WHO IS FINANCED BY OBAMA WITH OUR TAX
DOLLARS!
Newsmax
Obama's 'Hispanicazation' of America
Monday, January 10, 2011 08:28 AM
http://mexicanoccupation.blogspot.com/2011/08/obamas-hispanicazation-of-america-most.html
Obama's 'Hispanicazation' of America
Monday, January 10, 2011 08:28 AM
http://mexicanoccupation.blogspot.com/2011/08/obamas-hispanicazation-of-america-most.html
*
FIFTEEN
THINGS YOU SHOULD KNOW ABOUT LA RAZA “THE RACE”
by Michelle Malkin
(get Malkin’s book on
OBAMA NOTED below!)
Only in America could critics of a group called "The
Race" be labeled racists. Such is the triumph of left-wing identity
chauvinists, whose aggressive activists and supine abettors have succeeded in
redefining all opposition as "hate."
Both Barack Obama and John McCain will speak this week in
San Diego at the annual conference of the National Council of La Raza, the
Latino organization whose name is Spanish for, yes, "The Race." Can
you imagine Obama and McCain paying homage to a group of white people who
called themselves that? No matter. The presidential candidates and the media
have legitimized "The Race" as a mainstream ethnic lobbying group and
marginalized its critics as intolerant bigots. The unvarnished truth is that
the group is a radical ethnic nationalist outfit that abuses your tax dollars
and milks PC politics to undermine our sovereignty.
*
Here are 15 things you should know about "The
Race":
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15. "The Race" supports driver's licenses for
illegal aliens.
*
14."The Race" demands in-state tuition discounts
for illegal alien students that are not available to law-abiding U.S. citizens
and law-abiding legal immigrants.
*
13. "The Race" vehemently opposes cooperative
immigration enforcement efforts between local, state and federal authorities.
*
12. "The Race" opposes a secure fence on the
southern border.
*
11. "The Race" joined the American-Arab
Anti-Discrimination Committee in a failed lawsuit attempt to prevent the feds
from entering immigration information into a key national crime database -- and
to prevent local police officers from accessing the data.
*
10. "The Race" opposed the state of Oklahoma's
tough immigration-enforcement-first laws, which cut off welfare to illegal
aliens, put teeth in employer sanctions and strengthened local-federal
cooperation and information sharing.
*
9. "The Race" joined other open-borders,
anti-assimilationists and sued to prevent Proposition 227, California's
bilingual education reform ballot initiative, from becoming law.
*
8. "The Race" bitterly protested common-sense
voter ID provisions as an "absolute disgrace."
*
7. "The Race" has consistently opposed post-9/11
national security measures at every turn.
*
6. Former "Race" president Raul Yzaguirre, Hillary
Clinton's Hispanic outreach adviser, said this: "U.S. English is to
Hispanics as the Ku Klux Klan is to blacks." He was referring to U.S.
English, the nation's oldest, largest citizens' action group dedicated to
preserving the unifying role of the English language in the United States.
"The Race" also pioneered Orwellian open-borders Newspeak and advised
the Mexican government on how to lobby for illegal alien amnesty while avoiding
the terms "illegal" and "amnesty."
*
5. "The Race" gives mainstream cover to a
poisonous subset of ideological satellites, led by Movimiento Estudiantil
Chicano de Aztlan, or Chicano Student Movement of Aztlan (MEChA). The late GOP
Rep. Charlie Norwood rightly characterized the organization as "a radical
racist group … one of the most anti-American groups in the country, which has
permeated U.S. campuses since the 1960s, and continues its push to carve a
racist nation out of the American West."
*
4. "The Race" is currently leading a smear
campaign against staunch immigration enforcement leaders and has called for TV
and cable news networks to keep immigration enforcement proponents off the
airwaves -- in addition to pushing for Fairness Doctrine policies to shut up
their foes. The New York Times reported that current "Race" president
Janet Murguia believes "hate speech" should "not be tolerated,
even if such censorship were a violation of First Amendment rights."
*
3. "The Race" sponsors militant ethnic nationalist
charter schools subsidized by your public tax dollars (at least $8 million in
federal education grants). The schools include Aztlan Academy in Tucson, Ariz.,
the Mexicayotl Academy in Nogales, Ariz., Academia Cesar Chavez Charter School
in St. Paul, Minn., and La Academia Semillas del Pueblo in Los Angeles, whose
principal inveighed: "We don't want to drink from a White water fountain,
we have our own wells and our natural reservoirs and our way of collecting rain
in our aqueducts. We don't need a White water fountain … ultimately the White
way, the American way, the neo liberal, capitalist way of life will eventually
lead to our own destruction."
*
2. "The Race" has perfected the art of the PC
shakedown at taxpayer expense, pushing relentlessly to lower home loan
standards for Hispanic borrowers, reaping millions in federal "mortgage
counseling" grants, seeking special multimillion-dollar earmarks and
partnering with banks that do business with illegal aliens.
*
1. "The Race" thrives on ethnic supremacy -- and
the elite sheeple's unwillingness to call it what it is. As historian Victor
Davis Hanson observes: "[The] organization's very nomenclature 'The National Council of La Raza' is hate speech
to the core. Despite all the contortions of the group, Raza (as its Latin
cognate suggests) reflects the meaning of 'race' in Spanish, not 'the people'
-- and that's precisely why we don't hear of something like 'The National
Council of the People,' which would not confer the buzz notion of ethnic,
racial and tribal chauvinism."
*
The fringe is the center. The center is the fringe. Viva La
Raza.
Obama Quietly Erasing Borders
*
8 Out of 10 Illegals Apprehended in 2010 Never Prosecuted
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