Looks like the revelation of the truth that Saul Alinsky was covering up for Hillary Clinton will have to wait for the next Gruber video.
The rule of law is far more about how things are done than about what is done. If Obama does what he appears poised to do, I won’t be the least bit troubled about the government breaking up fewer families and deporting fewer immigrants. But I will be deeply troubled about how the president went about achieving this goal — by violating the letter and the spirit of federal law.
To grasp precisely what’s so galling about Obama’s proposed actions, it’s necessary to reflect on the nature of executive power and its permanent potential to become despotic.
The main problem with this argument is that Obama is not, in fact, violating the letter of the law. He just isn’t. The Ross Douthat posts that Linker links to have a lot about alleged violations of norms and slippery slopes, but as far as I can tell no argument that Obama is violating the text of the statue, because he isn’t. Nor are his actions even unprecedented. The arguments that his actions are unconstitutional are so weak that one-note anti-immigration crank Mickey Kaus concedes that for the Court to so rule would be analogous to Bush v. Gore.
All of this is standard issue. But what’s unique is that Linker goes on to defend George W. Bush’s actual violations of the U.S. Code and specific provisions of the U.S. Constitution by comparing them to Lincoln’s actions during an actual ongoing military insurrection. That’s how you concern troll, ladies and gentlemen.
I have a piece at the Daily Beast on this question.
The real reason is surely far more prosaic: Obama claimed he didn’t have the power to do things he had the power to do because the administration calculated that it was politically expedient for him to do so. By claiming that his hands were tied, the president hoped to put more pressure on Congress to pass an immigration reform bill, which would produce longer-term results than executive orders.
The gambit failed, and now the administration is being forced to try to finesse the president’s fairly unambiguous public flip-flop on the issue.
Obama’s real excuse, if he were to be candid on the issue—an option not available to him because of the same practical considerations that led him to engage in these sorts of tactics in the first place—is that it’s extremely difficult to get anything done in the American political system, for structural reasons that have nothing to do with the characteristics of particular presidents or legislatures.
The immigration reform bill the president favors, for instance, has passed the Senate and is apparently supported by a majority of current House members. But it can’t pass the House because the Tea Party wing of the GOP is holding the House Republican leadership hostage on immigration.
This is yet another illustration of how, as contemporary American politics becomes increasingly ideologically coherent, the many barriers to enacting legislation, aka governing, become increasingly difficult to leap.
Under these circumstances, the kind of unilateral executive action Obama is undertaking will become more and more common.
I have a piece up on Obama’s immigration order. It’s formally legal, it’s good policy for the reasons Erik explains below, and while it’s not the ideal means of establishing the policy it’s the only game in town. In particular, I reject the idea that this establishes some kind of dangerous new precedent:
If the Republican party was at all interested in actual governance, a mediocre immigration reform proposal passed by Congress would be preferable to an executive order, which can be undone with the stroke of a pen after the next election (which will not have Barack Obama on the ballot). But that also undermines claims that Obama’s executive order represents “tyranny”.
Does using executive privilege to achieve immigration reform set a dangerous precedent? Well, long before Obama even ran for elected office – as Erwin Chemerinsky and Samuel Kleiner observed at the New Republic – Ronald Reagan “took executive action to limit deportations for 200,000 Nicaraguan exiles” and the first President Bush did the same for some Chinese and Kuwaiti citizens. At most, Obama’s actions differ only in degree, not kind.
In a more general sense, presidents have been pushing the limits of their constitutional authority since the beginning of the republic. If you had asked Thomas Jefferson in 1799 if the Louisiana Purchase was constitutional, he would almost certainly have said no – but we aren’t giving the land back. (Admittedly, sometimes I’m tempted to say that the US should look for the receipt and return some of those now-red states to France in exchange for a few dozen cases of Châteauneuf-du-Pape.)
It’s understandable for liberals to worry that just because Obama used his executive authority in this way, some future Republican president – like Rand Paul the Terrible, or Emperor Marco Rubio, or His Highness Ted Cruz – might push the limits of the law over the edge. But it’s pretty unhelpful, too.
Both the second Bush administration and the actions of Republicans in Congress make it abundantly clear that the next Republican in the Oval Office is going to push toward – and probably beyond – the limits of his legal authority, no matter what Obama does. (For instance, George W Bush’s warrantless wiretapping program, established by executive order, contradicted a statute outright, which Obama’s order does not.) If hypothetical president Rand Paul wants to refuse to enforce the Civil Rights Act, he’s not going to be dissuaded because Obama refused to act on immigration.
But read the whole etc. and discuss.
Obama’s executive order on deporting immigrants, while unfortunately temporary, makes the lives of people better. People such as Clara Cortes:
I came here illegally because there were few, if any, economic opportunities in my native Mexico. I was a lawyer and a single parent who could not afford to pay for my daughter’s schooling and cover the medicines for a sick brother with the $150 a week I earned.
I have been in the United States since 1999, and for nearly 15 years I have worked cleaning houses. It takes me 21/2 hours to get to work in Brooklyn from my home in Babylon Town. The commute is physically draining, but I don’t have a choice. I can’t work legally in the United States despite my education and legal skills.
My two daughters, my husband and I awaken every day with the fear that I will be deported. My husband and youngest daughter are U.S. citizens — which is why I should be eligible for legalized status under the president’s order. My oldest daughter benefited from the 2012 Deferred Action for Childhood Arrivals program, which offered a temporary reprieve from deportations.
But I remain illegal in this country and, as my 7-year-old daughter’s principal caretaker, I’ve agonized about what would happen to her if I were sent back to Mexico. The fear immigrants like me live under is suffocating, and politicians who have vilified families like mine fail to understand our plight.
When I started working, my wages were often stolen by employers and I was sexually harassed. But I never reported any of it because I dreaded my immigration status would be used against me. I had no sense of security. I have seen immigration officials working on Long Island, and I felt helpless knowing that I could be detained and deported at any time.
Now Cortes can feel a little more secure, at least until a Republican is elected president. Hopefully, Obama’s ruling, despite the racism of the responses to it by many leading Republicans, lays the groundwork for more permanent action. I feel that recriminalizing these people is going to be harder than decriminalizing them. At least I hope so. My only criticism of Obama here is that he didn’t do this years ago. Certainly waiting until after the 2014 midterms in hopes that it wouldn’t contribute to the losses of Mark Pryor, Mary Landrieu, and Kay Hagan proved futile.
I admit I’ve always found the fascination with Route 66 a bit perplexing, since it’s really just another road that, outside of New Mexico, does not really go through our most fascinating landscape. Even in New Mexico, that’s a less than compelling road as far as touring goes than many other highways. But whatever, people like it. And so I am glad to see the many Native American tribes who live along the highway teaming up with the National Park Service to create a guidebook for travelers highlighting Native American life and tourism possibilities along the route. Route 66 comes out of a whitened version of America represented by John Steinbeck, post-war popular music, and television, all of which largely erased the indigenous, as well as Mexican-American, presence out of a mythical West the road represented. This is a welcome correction.
Last weekend, the Patterson School of Diplomacy and International Commerce, in conjunction with the Army War College, conducted a negotiation simulation on crisis resolution in the South China Sea. The simulation began shortly after an incident between Chinese and Filipino ships resulted in the deaths of five Indians and 95 Filipinos.
The South China Sea simulation is the third simulation developed by the Army War College. The first two, on the Nagorno-Karabakh dispute and the Cyprus conflict, have become regular features at foreign policy schools around the country. The AWC regularly conducts these exercises in collaboration with several different schools across the country, as well as with students at the AWC.
For a sizable faction of Republicans with significant electoral support, Obama’s immigration executive order is tantamount to race war. And they are ready take up the fight to protect the white race. We talked about Tom Coburn earlier today. There’s also Alabama congressman Mo Brooks. And then, of course, Kansas Secretary of State Kris Kobach:
“The long term strategy of, first of all, replacing American voters with illegal aliens, recently legalized, who then become U.S. citizens,” Kobach said. “There is still a decided bias in favor of bigger government not smaller government. So maybe this strategy of replacing American voters with newly legalized aliens, if you look at it through an ethnic lens, … you’ve got a locked in vote for socialism.”
Koback also responded to a caller who was concerned about ethnic cleansing, which the caller claimed was a threat from immigrant and Hispanic rights groups.
“What happens, if you know your history, when one culture or one race or one religion overwhelms another culture or race?” the caller asked. “When one race or culture overwhelms another culture, they run them out or they kill them.”
Kobach then responded with his take.
“What protects us in America from any kind of ethnic cleansing is the rule of law, of course,” Kobach said. “And the rule of law used to be unassailable, used to be taken for granted in America. And now, of course, we have a President who disregards the law when it suits his interests. And, so, you know, while I normally would answer that by saying, ‘Steve, of course we have the rule of law, that could never happen in America,’ I wonder what could happen. I still don’t think it’s going to happen in America, but I have to admit, that things are, things are strange and they’re happening.”
For these people, the reconquista is a real thing and it must be fought, possibly with violence. That the rest of the United States thinks these people are loons doesn’t really matter, especially if the followers of these high ranking politicians start acting on this incendiary rhetoric.
Feminism encourages women to leave husbands, kill their children, practice witchcraft, destroy capitalism and become lesbians #GamerGate
— Leona Rainha (@Leonasexyseias) November 20, 2014
I’ve seen lots of ridiculous things attributed to feminism, but this ludicrous. I did NOT leave my husband or kill my child. I did, however, leave my child in a liquor store and practice witchcraft on my husband. He is now a lesbian. A lesbian frog. I am working on destroying capitalism, but it is taking more time than expected.
Since we all know that a divided government is the answer to the problems of this nation, I present you the kind of commonsense bipartisan leadership that Americans are demanding. Rep. Steve Stockman:
We have introduced legislation renaming Labor Department headquarters after National Right to Work Committee founder Reed Larson (HR 5757)
— Rep. Steve Stockman (@SteveWorks4You) November 20, 2014
Jillian Fisher, who started a petition on Coworker.org asking Kmart to give her mother and other employees the flexibility to take the holiday off, surveyed 56 self-identified employees from more than 13 states. Of those, just three said they had the option to ask to take the holiday off. In a press release from the petition organizer, one employee said human resources has told them, “if you do not come to work on Thanksgiving, you will automatically be fired… I made the request to work a split shift on Thanksgiving and was denied.” Another said, “Our manager stated at a staff meeting: ‘Everyone must work Thanksgiving and Black Friday. No time off.’” At one location, an employee says signs have been posted in the break room saying workers can’t request time off on Thanksgiving or Black Friday and that everyone has to put in at least some time on both, while at another signs have been posted saying no one can request time off between November 15 and January 1.
“I am a lead at a Kmart and it is mandatory for me to work on Thanksgiving,” another employee said. “If I were to call out I would be terminated, and requesting off is not allowed.”
I’ll leave the fact that people who go shopping at a department store on Thanksgiving have some priority issues that need addressing and just state it is flat out immoral to force non-emergency employees to labor on Thanksgiving. And K-Mart and other department stores do not have emergency employees. But these stores do not treat workers with respect to begin with. This is the kind of story where public pressure can really make a difference. Last year there was a lot of negative attention paid to this issue. This year, many department stores have announced they are giving everyone the day off and closing. K-Mart is not one of those but embarrassing it might force a change.
I guess I’m not sure the last time senators openly threatened violent revolution against a presidential policy. Maybe during the civil rights movement. Certainly upon the election of Lincoln. And they are doing it again. Or at least the ever classy Tom Coburn:
“The country’s going to go nuts, because they’re going to see it as a move outside the authority of the president, and it’s going to be a very serious situation,” Coburn said in an interview with USA Today. “You’re going to see —hopefully not— but you could see instances of anarchy…. You could see violence.”
And certainly extremists rhetoric taking place before the Civil War, during the civil rights movement, and over immigration have nothing in common. Nothing at all.