Saturday, November 22, 2014

Basis for Illegal Immigration and Presidential Authority to Act


Someone questioned the authority of the President to act unilaterally on immigration.  I think that's a bit one-sided view of what President Obama has done here. If the Republicans, who will not convene until January, think they have a better option that Obama will be able to sign or that they will be able to override in the new session of Congress, they can actually cough that up right now in a bi-partisan conference with the Senate.

He's giving sitting Republicans and Democrats a chance to work together for the sake of the country about an issue that is both pressing and regarding national security, so say the Republicans with regard to border security, which I'm inclined to agree, which actually grants the Executive Branch authority to intervene without a Legislative fix.

Beyond that, if Republicans think they have a comprehensive immigration reform fix that Obama could sign, they are more than able to offer that up in January, are they not? That would negate any Executive Order by President Obama. Are they so selfish and political that they would make the entire country wait on an issue they claim, and most agree, is about national security, granting the Executive additional authority to intervene. Or, am I wrong. Are issues of national security not applicable to Executive Authority?

The President is bound by the law, but he is able to administer that law in a way that is faithful.

Article 2. Section 1. Clause 1. The executive Power shall be vested in a President of the United States of America.
Article 2. Section 3. Clause 2. and recommend to their Consideration such Measures as he shall judge necessary and expedient
Article 2. Section 3.Clause 5. he shall take Care that the Laws be faithfully executed

This is the basis of the action by President Obama yesterday. He not only recommended measures, both necessary and expedient, to Congress, members of Congress acknowledged that those measures were necessary, most notably the Speaker of the House, and that the President had the authority to act accordingly without action by Congress.

When you look at the three Constitutional clauses, with present-day Speaker of the House John Boehner's acknowledgment of Executive Authority, does not the constitutional criticism of President Obama begin to dissipate?

When you consider the above, President Obama acted in total accordance with the U.S. Constitution. He let Congress and the American people know what he was considering. There is a comprehensive, completely-not-faux bi-partisan legislation that only needs House approval to be passed.

It is only the lack of Congressional action that is allowing a potential acknowledged national security threat by at least the Republican party to go unanswered by the Legislative branch of the U.S. government. This is the opening for the Executive Branch to use it's 'executive Power' after judging 'Measures' judged 'necessary and expedient' that need to be executed 'faithfully' by the Administration.

It's not only in the black and white of the U.S. Constitution; it's in video by the Speaker of the House, half of the Legislative Branch of our government. .  . . check out 5:30  it says it all . . . but, the other 5 minutes were the talking points blaming the President for not acting, which he now, in fact, has done, which is now, what they are now outraged about.

The Basis for Illegal Immigration

Simply framing this as a bad decision to come to this country illegally with such a broken immigration system is part of the problem.

For many of these people, the broken system here is the reason they just say "screw it" and come across illegally. If the system was reformed, effective implementation of enforcement measures were not only in place, but funded and adequately manned for enforcement, then the illegals would stop coming.

Also, there are more reasons as to why this illegal influx takes place. The underlying issue is the instability in the home countries, which is in large part due to the U.S. War on Drugs . . . a highly unsuccessful endeavor that has destabilized nearly every government south of our border.

All of these problems need to be addressed. The current CIR only deals with the IR part of the problem, not the war on drugs. Not many Americans travel illegally to Mexico. This is why that direction of the border is far easier to control than the other direction, into the U.S.

Everyone that doesn't understand human behavior, thinks that humans are like rats . . . that if you just put down a gate in a maze, that the rats won't find the way around that gate if a way doesn't currently exist that the creators of the maze design.

Humans are adaptive. They don't follow rules. They resist control and abhor pain & suffering. This is what most if not all illegal immigrants are fleeing . . . certain pain & suffering for what they believe is at least the American dream of a fair chance.

When you add all that together, you have the immigration problem. It isn't clear cut; the solution isn't singular, as in border security-only. It has to be comprehensive, and it will probably never be comprehensive enough.

Republicans are rejecting reality. Fortunately, their base rejects reality. That works in mid-terms, but not so much in general elections. What is their longevity?

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