Quote Of The Day

July 29th, 2012

"We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution."

-- Abraham Lincoln

Prosecutorial Discretion Is Not Amnesty

June 16th, 2012
by F. Grey Parker

Although a certain knuckle-dragger distracted us from the actual substance of yesterday's Presidential announcement on immigration policy, the new DHS guidelines are still the real story.

What's the bottom line here? What does it mean? As the AP reports:

"The policy will not lead toward citizenship but will remove the threat of deportation and grant the ability to work legally, leaving eligible immigrants able to remain in the United States for extended periods." EMPHASIS MINE

Reliably, the right wing went nuts. Malkin called the it a "stunt" that violates the "rule of law." Limbaugh shrieked that the administration had "broken the law." Rick Moran declared that the President was "pandering" and "acting like a king." The editors over at NRO labeled it "illegal amnesty" and accused the President of being "a little fuzzy on the subject of judicial review."

More rhetorical manipulation using the phrase "amnesty" was found HERE, HERE and HERE.

The push to smear the new guidelines as an "amnesty" is easily understood when this PEW poll on the impact of that particular phrase is taken into account. Language matters.

The problem is that it's not "amnesty." It's also neither a new fast-track to citizenship nor a scheme to suddenly expand the voter rolls with Democratic sympathizers as some on the fringe have implied.

What President Obama unveiled yesterday simply formalizes and ensures continuity for certain policies of prosecutorial discretion which immigration authorities have exercised for decades. What's more, the facts tell us that the Obama administration has been anything but soft on illegal immigration. Deportations since 2009 have been dramatically higher than under both W. terms combined (corroborations HERE, HERE, HERE, HERE and HERE.)

They've also been smarter.

The principal difference between Obama's enforcement of immigration law and that of his predecessors has been the targeting of the most dangerous and criminal violators and the prioritization of their deportations first. In fact, deportations of non-citizens convicted of crimes has increased by 70% since Obama took office.

This rational strategy has, predictably, drawn attacks from the GOP. Their 'who cares' approach insists upon a refusal to differentiate between otherwise law abiding young people who have lived here most of their lives, even those who have served in our armed forces, and violent criminals. They would deport them all without consideration for the contributions the former have made or the threat the latter present. They also give no thought to how we would pay to achieve their vision of the wholesale round-up, internment and expulsion of millions upon millions of people.

It does seem as if the biggest problem the right has with the announced policy is that it's not both stupid and cruel.

Just over a year ago, David W. Leopold, President of the American Immigration Lawyers Association, wrote a paper addressing the legal options available to the President and outlining precisely the parameters announced as policy yesterday:

"Deferred action is merely a temporary relief that confers no legal immigration status upon the noncitizen and therefore does not provide long‐term stability for the individual. DHS can initiate enforcement actions when the deferred action grant expires. But by temporarily choosing to delay an enforcement action against a foreign national, the agency can address humanitarian concerns which would otherwise be triggered by arrest, detention or removal. The regulations enable DHS to grant travel authorization for recipients of deferred action. DHS also has the authority to grant employment authorization for those granted deferred action. In this regard, deferred action provides a solution that temporarily suspends the enforcement of immigration laws when DHS determines that execution of enforcement is not warranted at that particular time." EMPHASIS OURS

This isn't amnesty. But it is legal, practical and humane. And that is driving the right crazy.

Quote Of The Day - Here and Now Edition

Jan 23rd, 2012

"You're probably getting the impression by now that Ron Paul thinks that pretty much everything the federal government does is unconstitutional. That's because Ron Paul thinks that pretty much everything the federal government does is unconstitutional."

-- The Little Red Umbrella takes on Ron Paul

The Recess Appointment Kerfuffle, cont...

Jan 11th, 2012

Of all the GOP pronouncements regarding President Obama's recent recess appointments, this takes the cake:

"It’s astounding to me that the president is claiming these are recess appointments and within his authority, when Congress was not in fact in recess. These appointments are an affront to the Constitution. No matter how you look at this, it doesn’t pass the smell test. I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama." EMPHASIS OURS

-- U.S. Representative Diane Black (R-TN) expressing the GOP argument that they aren't in recess and intend to pushback against the President... as soon as they get back from recess.

Rank Hubris

Jan 7th, 2012

I am willing to listen to criticism of the manner in which President Obama appointed Richard Cordray to head the CFPB. But not from John Yoo. Yes, that John Yoo; The author of the "torture memo" explicitly providing justification for his then boss, President George W. Bush, to violate the Constitution and every law of human decency at whim. The same Mr. Yoo who said there is nothing to prevent the President from authorizing the torture of a child in front of his parents.

National Review has seen fit to make Yoo their go-to-guy on the Cordray appointment and its Constitutional implications:

"President Obama has exceeded his powers by making a recess appointment for Richard Cordray (whom I respect and have no problems with as a nominee) to head the new Consumer Financial Protection Bureau."

Unreal.

"Everything Is Un-Constitutional"

Jan 1st, 2012

ThinkProgress has a piece on Ron Paul today which includes this video. It is simultaneously depressing and hilarious.

Quote Of The Day 2

Dec 27th, 2011

"No religious test shall ever be required as a qualification to any office or public trust under the United States."

-- Article VI of the U.S. Constitution

The Push To Repeal Citizen's United

Dec 1st, 2011

Rep. Jim McGovern (D-MASS) and John Bonifaz of Free Speech For People appeared on the Dylan Ratigan Show recently to promote a Constitutional amendment designed to repeal the Citizen's United decision. I support this but, let's be honest, amending the Constitution is a serious long-shot.

Visit msnbc.com for breaking news, world news, and news about the economy

Durbin On The NDAA

Nov 29th, 2011

Constitutional Fundamentalists

Aug 20th, 2011
F. Grey Parker

Whether they call themselves "originalists" or "Tenthers," it's become clear over the last two years that the American right has taken one of its more dubious, longstanding and previously fringe arguments to a whole new level.

Nadler Gets One Right

Jan 7th, 2011

I have never been terribly impressed with Rep. Jerrold Nadler (D-NY). That said, Mr. Nadler made the absolute best critique of yesterday's ridiculous and dubiously motivated reading of (not entirely) The U.S. Constitution.


From the WaPo:
"Nadler called the "ritualistic reading" on the floor "total nonsense" and "propaganda" intended to claim the document for Republicans. "You read the Torah, you read the Bible, you build a worship service around it," said Nadler, who argued that the Founders were not "demigods" and that the document's need for amendments to abolish slavery and other injustices showed it was "highly imperfect." "You are not supposed to worship your constitution. You are supposed to govern your government by it."

Beinart On The Tea Party's "Constitutionalists"

Jan 5th, 2011

Writing for The Daily Beast, Peter Beinart notes the big gap in the Tea Party's pseudo-worship of the U.S. Constitution:

“But beneath this apparent right-wing continuity lies a massive shift. For President Bush, believing in the Constitution meant believing that when it comes to national security, the federal government in general—and the president in particular—can do pretty much whatever they want. For the new Republican Congress, by contrast, believing in the Constitution means believing that when it comes to intervening in the economy, the federal government in general—and the president in particular—can do barely anything at all.

Today’s Tea Partiers generally ignore this shift because they ignore national security itself. Their “Contract from America” doesn’t even mention foreign policy. But imagine what would happen if the Tea Partiers did grapple with the foreign policy implications of their constitutional vision. They believe, after all, that the framers of the Constitution wanted federal power to be extremely limited so it wouldn’t infringe upon personal liberty. They’re fond of quoting Thomas Jefferson, the founder most associated with distrust of a powerful federal government. And they generally downplay the role of Alexander Hamilton, who believed that only a strong central state could build America into an industrial power. But Jefferson’s distrust of federal power was deeply bound up with his fear of militaries and empires. He believed that a standing army, if created, would menace individual freedom and he wanted America to be a trading nation that would steer clear of the “entangling alliances” that defined European power politics."

Indeed.

Quote Of The Day -- New Year's Day 2011 -- With A Message

Jan 1st, 2011


"There is no flag large enough to cover the shame of killing innocent people." -- Howard Zinn

It's your country. What are you prepared to do? We have a scant few days before a deeply fascistic wave in the Republican membership of the 112th Congress is given broader power over our lives.