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Tuesday, February 14, 2017

Judicial activism in Trump travel suspension case is dangerous




The recent hullabaloo over President Donald Trump’s temporary suspension of travel from seven Middle Eastern countries with ties to Islamic terrorism has dominated the early days of his administration. Trump’s action suspends entry to the country as his administration seeks better methods of vetting potential visitors to the U.S. for national security reasons. This incident has brought to the fore once again the high degree of activism in the federal judiciary.

Judicial activism involves interpreting the U.S. Constitution and the nation’s laws to achieve some non-legal, socially desirable leftist/liberal end favored by judges. Politics trumps the law.

The first instance of activism occurred in a federal District Court in Washington State, where Judge James Robart allowed a suit by the state’s attorney general to go forward, despite the fact that Washington State did not have legal standing to sue the federal government over Trump’s executive order. To establish legal standing a plaintiff – in this case, the whole of the State of Washington, not some individuals or some entities within the state – must demonstrate that the travel suspension would cause it irreparable harm. According to uslegal.com “irreparable harm” means that “the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were.”

Robarts ruled that a ban on travelers from seven countries “affects the state’s residents in areas of employment, education, business, family relations and freedom to travel,” and said it also harmed the state’s public universities and tax base.

How many citizens of these seven countries actually work or attend a college or university in the state of Washington, and of that number how many are not within the borders of the United States at this time? Is it likely that there are sufficient numbers of them that their absence for another 90 days will actually cause the State of Washington – not the institutions or employers, but the state itself – irreparable harm? It is reasonable to believe that there are relatively few people in these circumstances, and that the harm would be of little significance to State of Washington.

However, in his ruling, Robart said the Washington AG had met the high burden to justify a restraining order by showing that Trump’s order was causing “immediate and irreparable injury,” and that the state had a substantial likelihood of winning its underlying lawsuit challenging the constitutionality of the travel ban.

Interestingly, U.S. District Judge Nathaniel Gorton in Massachusetts reached the opposite decision earlier the same day. He understood the law that gives the president the exclusive authority on national-security grounds to impose the temporary suspension on travel to the U.S., and that under the U.S. Constitution immigration is under control of the president, not the judiciary.

Title 8 United States Code, section 1182(f), which was enacted as section 212(f) of the Immigration and Nationality Act, is entitled “Suspension of Entry or Imposition of Restrictions by President” and states: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

That statement is clear as it can be: the president has the authority to do what Trump did. The president, not the judiciary, has both constitutional authority and statutory authority over immigration, as former President Barack Obama would say, “Period!”

The administration appealed Robart’s flawed ruling to the Ninth Circuit Court in San Francisco, and the three judges who heard the appeal predictably upheld the initial ruling, since this appellate court is notoriously liberal/activist, and has the reputation for being a federal court whose decisions are frequently overturned by the U.S. Supreme Court.

Neither Robart nor the three Ninth Circuit judges – William Canby Jr., Richard Clifton and Michelle Friedlanddealt with the actual law giving the president the authority to do what Trump did in any meaningful way. They acted outside their narrow area of authority and improperly interfered with lawful actions by the president.

Since Robart issued the temporary restraining order on February 3rd, 77 percent of 1,100 immigrants/refugees that had entered the U.S. at the time the situation was analyzed came from the seven countries in the travel suspension, a substantial increase since before the order was issued.

Perhaps none of them are terrorists or will become terrorists and commit some atrocity against Americans, but this is a prime opportunity for terrorists to get into the United States, with the blessing of four federal judges.

Constitutional law scholar and conservative talk radio host Mark Levin termed the appellate court’s decision to uphold the stay as “disgraceful” and “pathetic.” Levin points out that the court has improperly conferred due process and constitutional rights onto this class of individuals.


Judicial activism does not always create potentially dangerous situations, as this incident has, but all activism is harmful to some degree, and must end.

Tuesday, February 07, 2017

Hysterical, desperate reactions mark Trump’s early presidency



Watching Democrat/liberal reactions to President Donald Trump from the time he declared himself a candidate has been entertaining, educational, and recently more than a little disturbing. Since the election and swearing in, the anti-Trumpsters have simply become unglued, indulging in outlandish and irrational behavior.

Among the craziness we find:
·      The automatic emotional criticism of Trump’s nominees.
·      Government employees saying they will not do their jobs, because of Trump.
·      The lawful travel suspension on people in seven predominantly Muslim countries connected to radical Islamic terrorism being deliberately mislabeled as a “Muslim ban.”
·      Some are calling for the military to overthrow the government, senior Obama administration Pentagon policy official Rosa Brooks, among them.
·      Trump’s actions and/or his supporters have been met with rioting in the streets, the destruction of property, and some have been personally attacked.

Following the issuance of an Executive Order for temporary travel suspension, which was approved by the Justice Department’s Office of Legal Counsel as a lawful order, the Acting Attorney General, Sally Yates, refused to defend the order issued by her boss, her client. She could have resigned her position on principle, but chose insubordination and causing a politically motivated public incident instead, resulting in Trump telling her, “You’re fired!”

This event was met with typical liberal disdain: “This administration seems to have no regard for the rule of law;” said one of the leaders of the party of Hillary Clinton, Al Sharpton, Lois Lerner, Rod Blagojevich, and Dan Rostenkowski; that person being Senate Minority Leader Chuck Schumer (D-NY).

Regarding the claim that it is a “Muslim ban,” there are some 40 countries with substantial or majority Muslim populations, but the suspension covers only seven. It is a lawful and appropriate temporary suspension on travelers from seven terrorism-connected nations, and those "countries of concern" were officially identified in a 2015 law signed by then-President Barack Obama. Furthermore, Trump’s action is well within a president’s authority, and similar bans have been imposed by previous presidents, including Chester Arthur, Jimmy Carter, Bill Clinton, and, yes, Barack Obama.

Legal actions to derail the travel suspension must show it will cause plaintiffs irreparable harm. The plaintiffs in the case where U.S. District Judge James Robart issued a restraining order are the states of Washington and Minnesota, not individuals or groups of individuals, and the states cannot demonstrate irreparable harm. Some observers say, therefore, that the restraining order has political motives, rather than legal ones. Deciding to suspend foreign visitors for national security is an executive branch decision, not a judicial decision, and the restraining order should be nullified.

The travel suspension is a smart tactic that could have been handled better. It has attracted even more attention than the fake news and media screw-ups, but Trump’s nominee to succeed the late Justice Antonin Scalia on the Supreme Court is not far behind.

Much wailing and gnashing of teeth followed then-President Obama’s nomination of Judge Merrick Garland to fill the vacant seat not long after Scalia died last February. The Republican-controlled Senate announced it would not act on the nomination in Obama’s final year, saying that the next president should fill that slot.

The Republicans’ position has an interesting history. Then-Sen. Joe Biden (D-Del.) said on the U.S. Senate floor in 1992 that in a presidential election year a president should not make a nomination for the Supreme Court until after the election. This became known as “The Biden Rule.” Apparently, Biden, as Obama’s vice president, was unable to persuade him to follow his rule, or did not try.

Federalist.com notes that “Not only have there been several lengthy Supreme Court vacancies, but there are plenty of past instances when [Democrat] senators refused to confirm a [Republican] president’s nominations.” The article lists 10 such actions.

Since the Democrats do not control the Senate, they must try to show that the nominee, federal Appellate Court Judge Neal Gorsuch, is unqualified, and given the broad approval of Gorsuch’s nomination, that is a tall order.

“Judge Gorsuch has repeatedly sided with corporations over working people, demonstrated a hostility toward women’s rights, and most troubling, hewed to an ideological approach to jurisprudence that makes me skeptical that he can be a strong, independent Justice on the Court,” Minority Leader Schumer said in a statement.

Such comments of desperation – posing as thoughtful opposition – are interesting in view of the unanimous confirmation vote putting Gorsuch on the Appellate bench 10 years ago, as well as the voluminous praise of his towering qualifications for this nes position.

Gorsuch made this revealing statement during Trump’s announcement of his nomination: “A judge who likes every outcome that he reaches is very likely a bad judge,” meaning that following the law and the Constitution is more important than following one’s political philosophy, or personal desires, which is precisely the judicial philosophy we must have in all judgeships, and what he has demonstrated on the Appellate Court. Judges must have impartiality, independence, collegiality, and courage, he said.

Trumpitis has infected the land. Major news outlets demonstrate rampant symptoms through abdication of journalistic standards, and other anti-Trumpsters riot, destroy, and scream obscenities in protest. Large doses of adult behavior and acceptance of reality are prescribed.

Tuesday, January 31, 2017

Trump’s focus on crime could help Chicago



Unless you live on another planet you have heard of the dangerous conditions in Chicago, where the level of violence is and has been at a crisis level for years. Chicago, like other major cities, has rampant crime despite strict gun laws, and the Windy City has one of the higher murder and shootings rates in the country.

On a per capita basis, Chicago does not attract much attention, because of its large population. Based on the U.S. Census Bureau’s last count in 2010, the estimated population in 2016 was 2.7 million, so its murder rate per 100,000 residents isn’t that large. But Chicago still wins a dubious prize for its total number of homicides and shootings.

Data compiled by the Chicago Tribune staff shows that in 2016 there were 4,368 shooting victims in the city, and 762 homicides. Things don’t look much better for 2017: as of Jan. 28, there were 268 shooting victims, which is a little lower than January 2016. But last January was the third lowest month for shootings in 2016, so things could easily get worse.

At least 39 people were shot across Chicago over the Martin Luther King Jr. Day holiday weekend, leaving 10 dead. Six people were shot while attending a memorial service for a shooting victim last week.

Greg Zanis, a retired carpenter, creates wooden crosses for each person killed by gun violence in Chicago and places them in a grassy lot in the city’s Englewood neighborhood. Last year was the deadliest year for gun violence in 20 years, so Zanis was busy, with 762 homicides, up from 496 in 2015.

Some shooting deaths result from action by police officers, but most shootings do not involve police, and are attributed primarily to gang violence. Yet the deaths involving police officers attract much more attention than the far greater number of shootings and murders that do not involve the police. Data taken from the Independent Police Review Authority shows that in 2016 police were involved in only 11 of the 762 total shooting deaths. Police also wounded 14 people. The chance of being killed by a Chicago police officer is only 1.4 percent.

However, in the high-crime minority communities, there is an almost automatic reaction to blame the police in shooting deaths when they are involved, despite the fact that in the vast majority of cases the victim either initiated the incident, or resisted or fought against a proper action by police.

These knee-jerk reactions arise before details are known, and are based upon emotions and prejudice, ginned up by people who try to pass the blame to police, rather than face up to the reality that the victims have brought their fate on themselves through criminal behavior.

This false narrative survives even after police have been determined not to be at fault, and is responsible for protest demonstrations and hatred and mistrust of police. The effect too often makes police reluctant to patrol in the neighborhoods where these confrontations have occurred and are most likely, but where police presence is most needed, which, of course, makes matters worse.

Street violence has increased in the administration of Democrat Mayor Rahm Emanuel, who served as President Barack Obama’s Chief of Staff from 2008 to 2010, and was elected mayor in 2011. In addition to having failed to get control over the crime-ridden city, Emanuel has opened Chicago to illegal aliens, proclaiming, "Chicago has in the past been a sanctuary city. ... It always will be a sanctuary city,” and celebrated when Obama scapegoated Chicago’s police as he exited the White House earlier this month.

In response to the continuing dangerous circumstances in minority neighborhoods President Donald Trump, a major critic of Chicago’s violent living conditions, has said that he might “send in the Feds,” leaving folks wondering just what that means. Some interpreted it to mean he would federalize the Illinois National Guard, while others thought he meant to dispatch federal law enforcement. Neither is likely, given the eroded but still existent protections from such overreaches provided by the Tenth Amendment to the Constitution.

It’s more likely he intends to use federal assets in a more acceptable manner, such as providing federal intervention if requested.

Citing Mayor Rudy Gulliani’s action in New York City, National Review’s Andrew McCarthy suggests that approach could work in Chicago, noting that the “U.S. penal code is better equipped to deal with street crime today than three decades ago.” McCarthy, however, acknowledges that the feds cannot totally solve Chicago’s problems.

“In Chicago, federal law enforcement could make a difference by using and building on task-force arrangements with the CPD and state police,” he wrote. “High-crime areas could be targeted over a sustained period for investigations of narcotics trafficking, firearms offenses, violent crimes in aid of racketeering (racketeering can include street-gang violence and drug conspiracies), and extortionate interference with commerce by violence or threats. A healthy percentage of the cases developed … could then be indicted in federal court, where the penalties are stiffer and surer.”

Emanuel has failed to reduce crime in his city, but he is amenable to receiving assistance. Perhaps Trump’s focus on big city crime will pay off.

Tuesday, January 24, 2017

A Trump mandate: We have to restore America’s military strength


Everyone knows that the U.S. military is critical to the nation’s security, and that it is also important how foreign countries perceive America’s strength. That perception of our military and its civilian leadership can encourage careful, thoughtful and peaceful behavior by other countries, or a cavalier, carefree “we’ll do as we please” approach.

Now that the Barack Obama presidency is over, we must begin restoring the military and the world’s perception of America’s strength, both of which have been severely damaged over the last eight years. The security of not just our nation, but also of the world to a large degree, depend upon a strong America.

Back in 2015 Obama stated that the U.S. is now “the most respected country on Earth” thanks to his administration. That comment drew ire and fire on Fox News’ “The O’Reilly Factor.” Host Bill O’Reilly and Fox News contributor Charles Krauthammer both reacted strongly to the comment, with O’Reilly countering, “No, we’re not respected by Putin, we’re not respected by ISIS and other terrorists, so I don’t know what he is referring to.” Krauthammer wondered, “what planet he's living on,” and pointed out that “allies who’ve depended on us for so long are finding themselves left hanging in the wind.”

The rest of the segment detailed the many foreign policy failures of the Obama administration that contradict Obama’s delusional statement.

Two years ago The Heritage Foundation said this about funding for the military: “Consecutive years of across-the-board budget cuts have significantly weakened the U.S. military. The military will likely need several years of reinvestment to return to a sound footing.”

It is instructive to look at just how Obama’s eight years have affected the armed forces from the perspective of active members of the military.

A poll conducted by the Military Times and Syracuse University's Institute for Veterans and Military Families was a voluntary, confidential online survey taken by 1,664 active members of the U.S. armed forces. 

The poll reflects that 51.5 percent of those responding had a generally unfavorable view of Barack Obama’s presidency, and that 29.1 percent had a very unfavorable view, the largest response of the five possible answers. Only 36.4 percent had a generally favorable view, and only 18.0 percent had a very favorable view.

The Marine Corps had the strongest level of disapproval at 60.3 percent, followed by the Army at 53.0, the Air Force at 49.6, and the Navy was the least disapproving at 45.9. Enlisted service members had a 52.1 percent disapproval rate, while 48.8 percent of commissioned officers disapproved.

Seventy-one percent think overall force levels are too low, and 43 percent think more deployed forces are needed, compared to 32 percent who think fewer deployed forces are needed.

Asked how the following “social” measures affected readiness, participants responded: Repealing “don’t ask don’t tell” helped, by 24 to 18 percent; gender integration within combat units hurt, by 30 to 15 percent; and transgenders in service hurt, by 41 to 12 percent.

Participants believe the U.S. is less safe because of drawdowns from Iraq (59 percent) and Afghanistan (54 percent), and less emphasis on large-scale overseas missions (42 percent), but more safe from greater reliance on special forces (58 percent) and training missions (51 percent). And they believe the top four significant threats to the U.S. come from the Islamic State and al-Qaida (70 percent), domestic Islamic terrorists (67 percent), China (64 percent), and Iran (49 percent).

They say the military is smaller and weaker, and the threats against the nation have increased.

In a campaign speech last September, candidate Trump outlined his view of the U.S. military, and said he planned to ask military brass to present a plan soon after he takes office to defeat and destroy ISIS, and that he will ask Congress to eliminate the defense sequester.

Among the goals he seeks are: Building an active Army of about 540,000; a Marine Corps based on 36 battalions; a Navy nearing 350 surface ships and submarines; an Air Force of at least 1,200 fighter aircraft; and developing a new state-of-the-art missile defense system. And he intends to offset the spending for these goals by cutting waste and streamlining the bureaucracy, rather than increases in the $600 billion or so spent each year on the military.

"I'm going to make our military so big, so powerful, so strong, that nobody – absolutely nobody – is gonna (sic) mess with us," he said in a video posted on his campaign website.

Along those lines, his choice to run the Defense Department is retired Marine General James Mattis, a man well respected for his service and expertise, and who is expected to operationally strengthen all armed forces.

A strong military is just smart: Better to have one and not need it, than to need one and not have it. Blessedly, we now have a president who understands that a strong military presence can solve a host of problems before they ever materialize.

And, a president who strongly and unwaveringly supports what is good for America is a great improvement over the weak and tragic performance of the last eight years.

Tuesday, January 17, 2017

As Obama exits the White House, a look at some of his presidency



 
Back in 2007, a candidate for president named Barack Obama arose from near obscurity to seek the Democrat Party nomination for the 2008 election. He won the nomination, defeating a well-known opponent, and then won the election to become the first black/African-American President of the United States, and would serve two full terms.

So much promise surrounded this event that even before his inauguration he was being spoken of in glowing terms because he was the first of his race and for all the great and wonderful things that would occur, based on his campaign messages.

The respected Nobel Committee even awarded him its Peace Prize in December of 2009," only several months after he was sworn in, for his extraordinary efforts to strengthen international diplomacy and cooperation between peoples."

The stage was set for great things; a barrier had been breached. At last America had its first black president. But, alas, so much good that could have happened, didn’t.

Obama doesn’t understand or appreciate the nation he was elected to lead, so his goal wasn’t to honor and advance America’s traditional principles and standards, but to “fundamentally transform” it, as he said repeatedly. That transformation hasn’t been especially attractive.

He promised to have the most transparent administration in history. Yet so much of Obama’s personal background documentation, like his college records, has been safely hidden away from the people he serves. A Townhall.com article says a new report out finds that he hasn't even run the most transparent administration since the previous one.”

Quoting an analysis of federal data produced by the Associated Press, the Townhall article continues: More often than ever, the administration censored government files or outright denied access to them last year under the U.S. Freedom of Information Act, cited more legal exceptions it said justified withholding materials and refused a record number of times to turn over files quickly that might be especially newsworthy.”

Taking office on the downside of a significant recession, eight years later the economy has still not fully regained its former strength. He touts the U-3 unemployment rate as proof that the Obama recovery was successful, but tens of millions who couldn’t find a job dropped out of the workforce, thereby producing an unemployment rate in the respectable range near 5 percent.

The U-6 rate, which counts those discouraged workers that the U-3 ignores – the more accurate figure – sits at approximately twice the U-3 rate, and the Labor Force Participation Rate, which shows what portion of eligible workers are working or looking for a job, is at its lowest point since the late 1970s.

The nation’s productivity has been handcuffed by over-regulation and punishing tax rates, which encourage businesses to move jobs and factories to other nations where the business environment is friendlier. A healthy GDP rate is above the 3 percent mark, but Real Clear Politics (RCP) reports, “Under President Obama, annual economic growth from 2010 through the first three quarters of 2016 averaged 2.1 percent, which RCP termed “subpar.”

Where domestic policy is concerned, The Daily Signal provided these tidbits from The Heritage Foundation last week:

·         In 2009 when Obama took office the National Debt was $10.6 trillion; today it is $19.5 trillion, and counting; nearly twice the rate he inherited.

·         200 new regulations have increased the regulatory burden by $108 billion annually, a burden on the shoulders of everyday Americans. Regulations aimed at climate change will kill hundreds of thousands of jobs and increase what American households spend on electricity by 13 to 20 percent over the next 20 years.

·         The Affordable Care Act is anything but affordable. Many Americans have not been able to keep their doctors; 12 of the 23 co-ops have failed, costing taxpayers $1.2 billion, and forcing 740 thousand to scramble to try to find health insurance.

·         Food stamp claimants rose from fewer than 30 million in 2008 to 46.5 million by 2014.

·         Obama’s imperial presidency granted amnesty to millions of illegal immigrants and mandated transgender bathroom policies for public schools by using executive orders to circumnavigate Congress to get his way.

Obama claims that 75 consecutive months of positive job creation during his term is the best ever, which is true. However, this stretch produced 11.3 million new jobs, which is less than two of the last five presidents, according to a report by Business Insider, which says, “Obama ranks third among the past five presidents in total job creation over the length of his presidency — in front of both George H.W. and George W. Bush, but behind Bill Clinton and Ronald Reagan,” with Clinton creating about 23 million and Reagan creating about 16 million.

Under Barack Obama’s heavily ideological presidency America is weaker, more divided, less trusted by its allies, and suffers other ill effects. Voters regarded his leadership as poor enough to cause them to abandon the Democrat Party, producing heavy losses at the federal and state levels.

Despite all of this, in Obama’s highly narcissistic perspective, his was a wonderfully successful presidency. But by American standards, his presidency represents a clear and dramatic failure of leadership, and it will take years to repair the damage his presidency has produced.

Tuesday, January 10, 2017

Draining the swamp: American education is ripe for improvement



Among the many hot topics since Donald Trump won election as the 45th President of the United States is America’s education system. Once at the top of the nations of the world in educating its young, America has lost ground.

Jon Guttman, Research Director of the World History Group, wrote in 2012 that “[a]s recently as 20 years ago, the United States was ranked No.1 in high school and college education,” and that “[i]n 2009, the United States was ranked 18th out of 36 industrialized nations.” He attributes that decline to “complacency and inefficiency, reflective of lower priorities in education, and inconsistencies among the various school systems.”

In 2010 at a Paris meeting of the United Nations Educational, Scientific and Cultural Organization (UNESCO), President Barack Obama’s first Secretary of Education, Arne Duncan, who served from 2009 through 2015, said this:

“Before the 1960s, almost all policymaking and education funding was a state and local responsibility. In the mid-1960s, the federal role expanded to include enforcing civil rights laws to ensure that poor, minority, and disabled students, as well as English language learners, had access to a high-quality education.

“As the federal role in education grew,” Duncan said, “so did the bureaucracy,” adding that the U.S. Department of Education often “operated more like a compliance machine, instead of an engine of innovation,” and that it concerned itself with the details of formula funding, and not with educational outcomes or equity.

He went on to say that the United States needed to challenge the status quo, and to close the achievement and opportunity gaps. Five years later, the U.S. still lagged behind many other countries.

The findings in the 2015 Program International Student Assessment (PISA), described by CNN as “a benchmark of education systems conducted every three years by the Organization for Economic Cooperation and Development (OECD), a grouping of the world's richest economies,” finds the U.S. education system improved since the last assessment in 2012 in the areas of science, math and reading.

However, that improvement leaves American students ranked behind the students of 24 other countries, among the 72 participating nations. Teens in Singapore, Japan and Estonia led the more than half a million 15-year-olds in the 2015 assessment, the primary focus of which was science, with math as the primary focus in 2012.

President Jimmy Carter signed the federal Department of Education into law in 1979, and since it became active the following year, American education has gotten worse, as measured by these international assessments. Marginal or negative performance is not unusual for federal agencies, however. President-Elect Donald Trump, like Ronald Reagan before him, has called for abolishing the Department of Education, citing the need to cut spending.

Looking back to the formative years of the republic, we find the Founders established only four cabinet level activities: foreign relations through the State Department; national defense through the Department of War (now Defense); taxation and spending through the Department of the Treasury; and enforcement of federal law through the Attorney General (now the Department of Justice).

The increase of federal agencies has no doubt produced some benefits, but does their performance justify the costs incurred?  They have produced huge growth in government control of our lives, and enormous expense. Today there are nearly four times as many cabinet level agencies as the Founders thought necessary.

The federal education effort has many sins on its list, but the primary sin is the shifting of control of local schools to Washington by dangling federal dollars in front of state school officials, which they can earn in return for giving up some degree of control over their schools. Federal influences also contribute to the infestation of standardized testing, which in moderation can provide benefits, but when a typical student takes 112 mandated standardized tests between pre-kindergarten classes and 12th grade, that is over the edge. Eighth-graders, it is said, spend an average of 25.3 hours on standardized testing.

Trump has named Betsy DeVos to become education secretary. Her bio explains that in education she “has been a pioneer in fighting to remove barriers, to enact change and to create environments where people have the opportunity to thrive,” and that her political efforts are focused on advancing educational choices. She currently chairs the American Federation for Children.

Like all of Trump’s cabinet selections so far, DeVos is seen as unqualified, criticized for her lack of experience in education and for pushing to “give families taxpayer money in the form of vouchers to attend private and parochial schools, pressed to expand publicly funded but privately run charter schools, and trying to strip teacher unions of their influence,” according to an unflattering story in The New York Times.

Perhaps the contrary is true, however. Given the lackluster performance of the Department of Education when run by apparently qualified people, someone with other strengths just might be able to turn the department into a positive influence on what is broadly considered a mediocre education system.

Schools are best operated by those closest to the students, so returning control to states and localities will be a good first step.

Tuesday, January 03, 2017

Trigger warning: Immigration problems are being discussed here



Immigration ought to be one of a nation’s primary concerns, and after the last eight years of lax enforcement of immigration law and the horrible consequences to some individual Americans at the hands of some illegal aliens, President-Elect Donald Trump faces the screaming need to make changes to the immigration process once he is sworn in, and he has stated the desire to do so.

President Barack Obama touts his record on deportations, which some say is nearly 3,000,000 illegal aliens. That certainly is a good thing, but like Paul Harvey famously provided his listeners for so many years, here’s the rest of the story.

The Obama administration did not go around the country rounding up and deporting illegal aliens, some of whom are criminals with varying degrees of violent behavior, including murder. Instead, the Border Patrol caught these nearly three million illegals near the Mexican border as they were entering the country, and turned them around to head back south. Better than nothing, certainly, but far less laudable than that for which Obama takes credit.

In the meantime, the many millions of illegals that have found their way into the country remain, many of them in self-proclaimed “sanctuary” jurisdictions, where local officials brag that they will protect the illegals – criminals and non-criminals alike – from being discovered and deported, or otherwise dealt with as federal law provides.

Like his failure to identify and correctly label radical Muslims who commit terrorism in America and elsewhere, Obama’s failure to properly address illegal immigration will forever be near the top of his lengthy failure list.

It is said, and in proper context it is true, that America is a nation of immigrants. In the earliest days everyone who came to the colonies was an immigrant, and after the colonies gained independence and formed the new nation many other immigrants came to America over the decades and did their part to build and strengthen the nation. But the idea that America still needs immigrants to make it successful and desirable is ridiculous.

American culture was established long ago, so we no longer have a burning need for immigrants for that purpose, or for any purpose. These days, with the foolish suspension of border and immigration control, largely during the term of Barack Obama, the millions of illegal aliens in the country today often weaken our country and pose threats to Americans.

Our country belongs to Americans, those of us whose families have been here for more than a few years, families that have been here for generations. Our Founders created a nation with a unique set of principles from which deep traditions were formed that have survived more than two centuries since the United States came into existence.

We have our ways of doing things – our culture – and a body of laws that evolved from that culture. Americans decide how things are done here, and those who want to come here from places near and far, and places often much different, and many far worse than America, are expected to adapt to our way of doing things.

What sense does it make to do what is required to get to America legally from countries hundreds or thousands of miles away, become a US citizen, and then maintain an allegiance to the land you wanted to get away from instead having an allegiance to America? Or to try to institute the culture of the home you left to come here? If you don’t want to adapt to our way of life – to become an American – why did you come here?

Our policy ought to be: If you want to come here, and you agree to embrace our culture and to assimilate into the American way of believing, living and behaving, and you are a good and honest person with something positive to contribute to America, you will be considered acceptable to apply for citizenship.

What we don’t need, don’t want, and must not abide is people coming here illegally, even if they do so because they truly want a better life in the US. And we also can’t allow those to immigrate here whose national allegiance lies with a country other than the United States. Be an American; accept the country as it is, not as you want it to be. Do not be, for example, a Nicaraguan that lives in America.

Every American needs to understand that there is no divine right held by citizens of other countries to come to America, either asvisitors, immigrants, or as refugees. And further understand that America has no obligation to accept people who want to come here. We can accept them, or not, as we choose.

However, America does have the right, and the obligation, to control who it allows into the country, to be sure they are fit to be here, and have something beneficial to offer us.

America became the great and wonderful country that it is through decades of honoring and sustaining its founding principles, and not by kowtowing to the demands of every dissatisfied minority group that believes its desires are more important than our heritage.

Tuesday, December 27, 2016

We need to learn to appreciate what America’s Founders gave us



Donald Trump was unofficially declared the winner of the 2016 presidential election early in the morning on November 9, and that victory survived the slow vote counting in some states, and challenges of voting irregularities. And last Monday that victory was finally verified when the electors of the 50 states and the District of Columbia that comprise the Electoral College gathered in their respective districts to officially cast their votes.

The integrity of the Electoral College survived both the illegal and legal efforts of Trump opponents to bribe, intimidate or otherwise persuade Trump electors to not vote for him, with unexpected results: While a few electors did not vote as they were instructed by the voters they represented, the vast majority did as they should have done. And Trump won this contest, too. Of the 538 electors only seven of them did not vote according to the voting in their districts. Five of the “faithless” electors withheld their vote from Hillary Clinton, while only two withheld their vote from Trump.

Democrats and liberals have been crazy since the election, and now want the Electoral College to go the way of those thousands of missing emails from Clinton’s private server, since she won the popular vote by 2.1 percent, but lost the electoral vote. However, the Electoral College did precisely what it was designed to do; it did not “misfire,” as the Clinton camp charges.

The opinions of scholars and other commentators uphold the value of the Electoral College. For example, The Heritage Foundation’s Hans von Spakovsky explains: “In creating the basic architecture of the American government, the Founders struggled to satisfy each state’s demand for greater representation while attempting to balance popular sovereignty against the risk posed to the minority from majoritarian rule.”

In addition to those concerns, “as students of ancient history, the Founders feared the destructive passions of direct democracy, and as recent subjects of an overreaching monarch, they equally feared the rule of an elite unresponsive to the will of the people. The Electoral College was a compromise, neither fully democratic nor aristocratic,” writes Jarrett Stepman, an editor for The Daily Signal.

The University of Buffalo’s James Campbell explains that had the popular vote been the mechanism that chose the president, candidates would have focused their campaigns on the population centers, ignoring the rest of the country. And he further suggests that then voters probably would have behaved differently, too. Many in the less populated areas, for example, might have stayed home, feeling that their vote didn’t matter, effectively disenfranchising them.

California essentially provided Clinton the 2.8 million votes that comprised her popular vote victory. The Electoral College protected the interests of those millions of Americans who do not live in the population centers.

The other side of that argument is that under the Electoral College system, candidates would limit their campaigns to the swing states, producing a similar effect as the popular vote method does. However, swing states change from time to time, whereas population centers do not.

Looking at the final version of the electoral map, Clinton’s strength lay primarily in the coastal areas and a few spots in the middle, while Trump’s support covered a tall and wide swath across the area between the coasts. Clinton’s ballot power came primarily from New York, California and Chicago, the population centers, while the huge area of the country that went for Trump covers primarily small towns/cities and sparsely populated areas, the heartland of America.

And that is the value of the Electoral College system: it protects Americans in flyover country from the tyranny of big city dwellers, who generally have a much different set of values and desires. And remember that the president’s job is to act in the best interests of the entire country, not to satisfy the desires of a voting majority or of the big cities.

What if instead of the football team that scores the most points winning the game, the winner is the team that gained the most yards? That is a similar situation to electing a president: The number of votes – like the number of yards – is not necessarily the most important factor.

So don't do away with the Electoral College, as the spurned Clinton voters want. It provides the balance of national interests the Founders understood was necessary.

One change that makes sense is to stop having electors that must get together in a formal ceremony to vote. Since the results are known when the vote count is done, this step is unnecessary; it serves no useful purpose, costs money, delays the finalizing of the voter’s decision, and provides losing parties an opportunity for harmful mischief, as we witnessed.

And while the aggrieved are creating mischief, they are also building false hopes, which will cause even more grief when their mischief fails to change the results of the election, and generates bad feelings that will endure long after the election is over.

These days some group wants to change virtually everything about America that made it the unqualified success it has been since it was founded.

Stop trying to change it and instead enjoy its abundant benefits.