Barack Obama’s Unconstitutional Runaround Once Again Usurps the Powers Reserved to Congress!

by Richard H. Frank

It appears as though whenever the President changes his position on political policy or needs to energize his base by making statements contrary to his prior position, it is due to his continuous evolution of thought.  This is evidenced by his changed position toward same-sex marriage and his 180 degree course change on using Executive Orders to further his political agenda.

In 2008 candidate Obama stated “I taught the Constitution for ten years.  I believe in the Constitution.  I will obey the Constitution of the United States.  We’re not gonna use signing statements as a way of doing an end-run around Congress.”

Yet today, he announced he is using an Executive order to implement a portion of the “Dream Act” previously struck down by Congress in effect paving the way for amnesty for illegals between the age of 16 and 30 that were brought to this Country illegally by their parents.  In effect, he is giving Congress the middle finger in his quest to appeal to the Hispanic vote in November.  He is bypassing Congress to grant amnesty by Executive Fiat.

Ron Paul recently wrote in an article “Taking Executive Orders Too Far” the following:

“The vision of the founders was to set up a government that would remain small and unobtrusive via a system of checks and balances. That it has taken our government so long to get this big speaks well of the original design.  The founders also knew the overwhelming nature of governments was to amass power and grow.  The Constitution was to serve as the brakes on the freight train of government.

But the Obama administration, like so many administrations in the 20th century, chooses to ignore the Constitution entirely.  The increasingly broad use and scope of the Executive Orders is a prime example.  Executive Orders are meant to be a way for the president to direct executive agencies on the implementation of congressionally approved legislation.  It has become increasingly common for them to be misused in ways that are contradictory to congressional intent, or to bypass Congress altogether in enacting political agendas.  The current administration has unabashedly stated that Congress’s unwillingness to pass the president’s jobs bill means that the president will act unilaterally to enact provisions of it piecemeal through Executive Order.  Obama explicitly threatens to bypass Congress, thus aggregating the power to make and enforce laws in the executive.  This clearly erodes the principles of separation of powers and checks and balances.   It brings the modern presidency dangerously close to an elective dictatorship.

This administration certainly was not the first to behave in ways that have defied the Constitution to overstep its bounds.  Sadly, previous administrations have set precedent that the current administration is only building upon.  It is time for Congress to reassert itself and its constitutional role so that future administrations cannot continue on this dangerous path.”

Apparently our “evolving President” has a short memory when it comes to his statement in 2008 about the use of Executive Orders.   From 2009 to date, the president has issued 128 Executive Orders dealing with abortion, U.S. Armed Forces, American Indians and Alaskan native educational programs, Bosnia, business and industry, commissions, boards, committees, task forces, etc.  National Defense, energy, environment, faith-based organizations, Government agencies, Haiti, health Care, historical black colleges and universities, Iran, Kosovo, Libya, North Korea, patient protection and Affordable Care Act, Presidential records, regulatory cooperation, Somalia, stem cells, Syria, trade, veterans and Yemen.

These Orders all bypass Congressional view and are entered into the Federal Register where largely unseen they become law after 30 days. In the fall of 2011 Obama stated in answer to a question that he could not just issue an order to implement the “Dream Act” and must uphold the existing laws with regard to immigration. So now he is doing just that very thing.  Whatever happened to our Representative Republic where making laws are the responsibility of Congress and not the provence of the President?

The Constitution has no provision wthin it that specifies the use of Executive Orders to achieve a President’s political agenda but it does specifically limit the powers of the President and the Executive Branch of Government.  Between now and November, look for Barack Obama to go all out issuing orders designed to energize his base prior to the election.

His statement that he believes in and will obey the Constitution are not worth the breath he used to utter the words.  He is a man lacking scruples and he has no integrity.  Be aware that with each Executive Order he issues he is “fundamentally changing America” intruding on our freedoms and justifying his changing positions as the evolution in his thinking.

It’s time that “We the People” help him evolve from President Obama to just plain citizen Obama in November 2012.

We Are Now What We Were Then!

by Jayne D. Frank

I have spent the last several months researching my family genealogy and it has been gruesome, exciting and a pain-staking effort.  I started this effort to find more about my elusive dad but ended up intrigued about my mother’s side of the family.  The result is that I have learned more in these few months than a lifetime of having questioned my parents and the life lessons learned are priceless.

What we are going through today in 2012, I have learned, as a middle class, is not much different than my grandparents went through.  In the 1800s they were both peasants in the fields of richer landlords and owners in Austria-Hungary, Vysoka and Dacov to be exact.  They had no choice but to be farmers as there were no opportunities for advancement and putting food on the table for their families.  Adding this to the political strife these people were feeling, they yearned for the American Dream – prospects for a better life, of earning your own way and more importantly achieving personal liberty for themselves.

My grandfather and grandmother made their way to America in 1900 in cramped, unsanitary quarters for many days and some of those sharing their Dream never made it. All of my people of Slovakian ethnicity found jobs immediately, but because they were Slovakian, had to settle for the lowest-paying  jobs in the mines and railroads, often working 7 days a week for 14-16 hours a day, and of course their wages were not the same as other immigrants.  The single women who immigrated from this region were able to get work as servants or maids only. When they married, they most often did not work outside of the home or else ran boarding houses for others like them.   My grandparents slaved for some 60 some years in often low-paying jobs, but still they put food on the table for all 11 of their children without Government handouts.  Eventually they owned their own home, and were able to do their own farming, a reality that would never have been had they stayed in Czechoslovakia as it was later called after the War. Additionally, they unquestionably were able to have the religious freedom they would not have had in Europe, to worship when and how they wanted.   To them, the American Dream had been achieved.  They provided an opportunity for their children and grandchildren to do better, to prosper, and to “never go back” to the subservience they had experienced in their early years.

Indeed, my parent’s generation did do much better.  They started businesses, attended college and many became professionals, both male and female.  Even though they went through the depression, real life lessons were learned of thrift, of saving, of planning for retirement.  And in large majorities, they did not plan on and did not rely on the Government as taught to them by their parents’ generation.

Now we come to my generation.  We worked hard all our lives and prospered, providing many more opportunities for our children to choose the life they wanted to lead, continually blessed with the personal and economic liberty in America so hard-fought for by their ancestors.   We worked just as hard as our previous generations, trying to save, taking care of all of  our own needs, and instilling those morals in our children.

That is where the American Dream ends!  The secular Progressives in this Country and abroad have been planning and scheming for years on how to fundamentally change America into their vision.  One of economic equality for all (no matter how low that equally would push people), having no public acknowledgement or worship of God permitted, and having all Americans rely on the Government for their subsistence.   And how these Progressives have accomplished many of their goals! The younger generation in overwhelming numbers no longer sees the needs to acknowledge  any “god,” record millions of people have no prospects of an economic future of prosperity and freedom, and even more millions are permanently dependent on the government to put food on the table and obtain an education.  Workers in America that are doing well by their own hard work are encouraged, if not forced by excessive taxation and regulation by the Government, to give up their earnings for redistribution for the “good of all.” And my generation has seen any accumulated retirement wealth in the form of investments and home equity  virtually eliminated as a result of Government intervention and regulation.

If my grandparents were alive today, they would be turning in their graves!  How hard they fought to flee from the political and economic oppression of Europe and how much they gave up to see future generations not have to be faced with the same glum prospects for their futures.

We are Now What We Were Then!

Obama’s State of the Union Speech More Appropriate for February 2 (Groundhog Day)!

by Richard H. Frank

Prior to the President’s address to a joint session to Congress and the Nation on the State of the Union, I reviewed my blog following last year’s speech entitled “Reality vs. Campaign Rhetoric.”

I fear, as in the movie ‘Groundhog Day” we are destined to relive his speech over and over again until he gets it right or until the electorate gets it right and votes Obama out of office.

The true measure of the “State of the Union” is outlined in last year’s blog and if anything has changed since then, the change has been for the worse.  I expect the Obama speechwriters labored tirelessly to find some undistorted facts for him to claim as his accomplishments.  Obama lives in a different universe than does the rest of America.  Unfortunately, Congress shares much of that same universe as Obama and is willing to accept the myths he spreads as accomplishments.  Half truths are obvious throughout his 65-minute performance to convince America that he deserves 4 more years as President.  Consider these statements compared to the facts:

  • Three million jobs have been created over the past 22 months.  According to the Administration’s own labor statistics, 1.7 million jobs have been lost over the same period since he was sworn into office.
  • His Administration saved the auto industry and GM is once again the world’s #1 producer of automobiles.  The truth remains that last year GM sold an estimated 9 million vehicles worldwide, a number that includes sales of manufacturers in which GM holds minority investments such as in China.  Volkswagan and Toyoto would be the first to challenge Obama’s claim as holding the sales title should their numbers include figures from Scania and truck makers like Man.  As for Toyota, their 2011 sales haven’t been reported for the full year and their estimate is that sales will be down by 7.9 million units as a result of the natural disasters and tsunami experienced in Japan and Thailand.  Should  Toyoto include Wuling sales they will outperform the new GM. As with the employment figures in the U.S., if the numbers don’t support your position, just change the base until they do.
  • “What’s happening in  Detroit can happen elsewhere!”  May God forbid this will come to pass.  Detroit has been transformed into a ghetto as the result of liberal, Progressive, Democrat Government over four decades.  This once proud city with a population making it the 4th largest in the nation in the past has degraded into a wasteland and now occupies 18th position in the nation.  The intercity population has fallen to under 800,000 and is surrounded by decay and a failing infrastructure, and vacant buildings and home line the city’s neighborhoods and provide a magnet for crime.  This area has a 28% unemployment rate under Obama.  Once known as the “Motor City” and the “Capital of Democracy”, it acquired the title of “Murder City” in the 1980s and has continued its rapid degradation since then.  If Detroit provides Obama’s vision for this nation, something is radically wrong with our President’s vision.
  • “Oil production in  America is the highest it has been in 8 years.”  I recall reading an article indicating this increase amounts to less than 2 million barrels a day.   The existing capacity to produce is somewhere between 10 to 20 million barrels per day if it were not for the onerous Government Regulations stifling production.

His statement that he has directed Defense Secretary Leon Panetta to purchase eco biofuel for the Navy once again provides a subsidy to an industry that cannot compete in the free market environment.  Official estimates are that this biodiesel will cost the American taxpayers up to 38% more than diesel fuel derived from crude oil.

Since our President has virtually no record of accomplishment to base his campaign for reelection upon, he must resort to tactics that attack Congress, demonize his Republican opponents and avoid at all costs a debate on “Obamacare.”

His tactics were evident with his every utterance last night:

  • His subtle accusation that Congress is not doings its job in comparison to our military completing its mission in Iraq and Afghanistan shifts the blame to others for his lack of leadership.
  • Stating that every American must do and pay their fair share and play by the same rules is pure class warfare and anti-capitalism.
  • His statement that over the past decade, the rich have benefitted and the poor have suffered due to a tax structure having rates that favor the rich is a distortion of the truth and blatantly false.  An individual having $1 million earnings from investment pays tax at a rate of 15% or $150,000 on those capital gains.  This is over and above the original 25-36% they paid on their investment when taxed as wages.  That amounted to between $250,000 and  $360,000 paid in taxes on those investment dollars.  When Obama compares the total $400,000 to $510,000 paid n investment income to Warren Buffet’s secretary paying 28% on $50,000 income, or $5600, the distortion becomes ridiculous and not worthy of our President.
  • Following his pledge to open 75% of Federal lands and offshore regions for energy production, he qualified the promise by stating he would not walk away from his promise of clean energy and development fo safe energy.  He avoided any mention of the Keystone XL pipeline in his remarks and took refuge behind the “BP horizon” incident in the Gulf of Mexico.
  • In one breath he advocated smaller Government and less regulation when in the next he advocated appointment by executive fiat three new agencies composed of a “trade enforcement unit,” “executive order to remove red tape for infrastructure projects ” and creation of a special unit in the Justice Department to investigate financial crime, sounds  like growing the Government and more regulation to me.
  • His call for “comprehensive immigration reform” came against a statement that our southern borders are safer and more secure than ever.  A claim heavily disputed by Arizona, Texas and New Mexico.  Although not mentioned by name, his proposed reform smacked with elements of the “Dream Act” or amnesty for the children of illegals presently here in America.

The only positive to be found following the President’s address was the focus groups composed of Republicans, Democrats and Independents are no longer swallowing Obama’s rhetoric.

During the 2010 mid-term election “We the People” made our voices heard loud and clear.  Returning to the principles embodied in the Declaration of Independence and the limits of government defined in our Constitution is imperative in this Republic is to survive while individual freedom to prosper is the opportunity provided for every American.

When two-thirds of Americans believe this country is on the “wrong course” under the Obama Administration, it is their duty in the upcoming 2012 election to change course by removing that Administration and replace it with individuals dedicated to protect and defend the Constitution of the United States of America.

Obama’s Agenda for “The Dream Act” Not for Real Comprehensive Immigration Reform

by Richard H. Frank

President Obama’s address to American University today on immigration reform was pathetic and represented more campaign mode and demonizing past administrations, the Republicans in Congress and unscrupulous business practices for the existing situation.

Typical of his approach to advancing his agenda, he invoked the stories of immigrants in the military and private sectors to show the great contributions made to America.  He failed to mention that these individuals chose to follow the law and were legal aliens as they pursued their citizenship.

He claims the system is broken and largely due to politics that holds reform hostage with the price of moving forward securing the border.  With regard to the Arizona law, he contends it is not only ill-conceived but divisive and ultimately unenforcable.  The Arizona law mirrors Federal law and therefore, he admits he cannot (or more appropriately doesn’t want to) enforce the  Federal law which is his obligation under the Constitution to enforce.

He proceeded to create the strawman argument of “mass deportation” to deflect attention from his Administration’s responsibility and accountability to do its job and secure the borders.  No one is advocating mass deportation as the solution to the 22.9 million illegals according to http://immigrationcounter.com and not the 11 million stated by Obama.  Likewise the states considering legislation on their own use the Federal statute as the “one clear national standard” (to quote Obama) that needs to be implemented and enforced.

Let us examine the facts according to the above website, not remotely addressed by the President during his speech:

  • Since 1996 illegal immigrants in the country total 22.9 million – not 11 million
  • Illegals other than Mexico total 582,995 or only a small percentage
  • The economic impact upon America through money sent to Latin America since 1996 is $283 billion
  • Cost of Social Security services since 1996 is $397.5 billion
  • Illegal children in public schools total 5.1 million
  • Cost for illegal education K thru 12 since 1996 is $169.8 billion
  • Illegals incarcerated total 425,348
  • There are 745,895 illegal fugitives
  • Cost for incarceraion since 2008 is $26.1 billion
  • Anchor babies since 2002 total 5 million and
  • Skilled jobs occupied by illegals are 11.9 milion

These statistics are stagering and to listen to Obama say “we cannot afford to secure our borders” is ludicrous considering we have expended $909.6 billion dollars of treasure since 1996 on 22.9 million illegal immigrants.  That amounts to $39.7 million per illegal immigrant that could have gone to enforcement of our existing laws and securing our borders.

President Obama said politics is not the issue but the the law is the issue.  Then we should enforce the existing Federal law and  not divert the public’s attention through enacting “The Dream Act” in order to gain votes from the hispanic voting block through a massive move towards amnesty.

Should Congress move toward comprehensive immigration reform, it will create a new wave of illegal immigration pending any anticipated move to award amnesty without securing the border prior to any new law going into effect.  This will only compound the problem and increase costs without securing the border.  We cannot afford as a nation for our Federal Government and President Obama to refuse to meet their legal  and Constitutional obligations to enforce existing law and to secure our borders. Instead the President and the Administration are content to waste time pursuing legal action against Arizona for the Federal Government’s own failures.

I feel violated!

by Jayne D. Frank

Just as any victim of sexual abuse will tell you, you go through a long period afterward of feeling violated, shocked and helpless.  Then there comes a period somewhere down the road that you’ve had enough and you get tired of being the “victim.”  Well, this is my analogy of what it has felt like the past year and a half as a citizen in Barack Obama’s America!

Despite my best efforts to fight back, I have seen ruthless and secretive actions by our Congress and President pushing a healthcare bill down our throats that America cannot afford.  We have endured months of a coordinated effort on the part of the Administration’s cronies and associates to push an excessive, costly, energy bill through, which is now in the Senate for consideration (H.R. 2454). This bill is nothing more than an attempt to control every part of our property rights and our ability to live as we choose.  On over three separate occasions,  people were nearly killed in huge numbers by radical Islam Extremists (but by the Grace of God), because this country’s national security has become a very low priority for the Obama Administration.  The President has done everything in his power, especially if you look at the bills and resolutions flowing through Congress, to take care of his “global” image and weaken the image of America as a world leader.

Now, after one of the proudest moments I have had when Arizona passed a law to enforce the Federal Government’s responsibility for border security, we see his Administration chastising the great Arizona people and their State government, for getting tired of being victims and standing up for their legal rights to preserve their state.  All we hear about is how sad a situation it is that all these illegal immigrants and their kids are here, and how they are truly misunderstood because they came here to work, get healthcare and live a better life.  What about the quality of life for American citizens, our children and grandchildren?

I for one, will continue to fight for “life, liberty and the pursuit of happiness” of the people legally in this country, remembering the hundreds of thousands of soldiers that died for that very liberty in many wars and battles.  They did not fight and lose their lives so that our borders could be sponges allowing untold numbers of illegals, many of whom are criminals, to penetrate our hospitals, schools, work places and cities, and then turn around and demand their rights.

If liberal Americans can just get past their bias that says that people who want to uphold our Constitution, are either racist, unfeeling or dispassionate, we might have a chance to fix this problem by open and honest debate.  But for now, looking at  the course our country is on, I do feel violated, and hope that every legal American registers to vote and goes out to the primaries and elections this year, to reaffirm that they too, are tired of being victims.  We have to vote for honest men and women with integrity and a true love for this Country who honor and will uphold the Constitution in their actions.  We have so much work to do right now in this Country, and it can all be done.  We need to close our borders, get jobs back for the citizens of this Country, stop the wasteful spending in our Government and get our economy back on track, as well as refocusing our efforts on keeping America safe.

The Truth About Immigration Reform!

By: Richard H. Frank

Any individual interested in learning the truth about immigration reform in America should take the time to study the history behind existing immigration law in this country. The Legal Information Institute website is an excellent place to start educating the public about immigration law.

The law is intended to determine if a person is in fact an alien and if so, the rights, duties and obligations of an alien within the borders of the United States. The law is intended to serve as the gatekeeper for our borders, making a determination as to who may enter, how long they may stay and under what circumstances they must leave. 

Congress has complete authority over immigration and contrary to some interpretations Presidential power does not extend beyond refugee policy. Congress created the Immigration and Naturalization Service (INS) and defined an “alien” as any person lacking citizenship or status as a national of the United States. Today politicians take pains to distinguish between documented and non-documented (illegal) aliens. The terms refer to whether an arriving alien has the proper records and identification for admission to the United States. Proper documentation can come in the form of a valid passport, a visa, border crossing identification card or reentry permit. Border jumping or stowaways are expressly refused entry as aliens to the U.S.

Current immigration law requires all aliens to carry identification indicating their status for being in this country. Failure to comply with the law makes an alien immediately subject to deportation. Grounds for deportation may include committing an aggravated felony, failure to register a change of address, aiding and encouraging another alien to enter the country illegally, engaging in marriage fraud, voting unlawfully and failing to update the government records for residency every three months regardless if any change has accrued or not. This is the law that unfortunately is poorly administered by the Department of Homeland security since it was designated to replace the INS in March of 2003. The agency has three separate divisions with which to enforce immigration law. The U.S. Customs and Border Enforcement (CBE) handles border patrol duties. The Citizenship and Immigration services (USCIS) is responsible for naturalization, asylum, and permanent residency functions. The Immigration and Customs Enforcement (ICE) is responsible for deportation, intelligence and investigatory functions. Janet Napolitano said recently that, “our borders are more secure today than at any time in recent history.” The citizens of our border states would tend to disagree with her statement. It would also appear that Secretary Napolitano has a short memory with regard to letter requests she made when she was Governor of Arizona asking for reimbursement by the Federal government to pay for illegal aliens imprisoned by the state. Her failure to act and secure our southern border is grounds for her removal from her position as Secretary of Homeland Security.

President Obama is calling for “Comprehensive Immigration Reform” as a means to resolve the Illegal alien problems in the country today, as opposed to insisting that the current law be enforced. The last major reform came in the 1986 Immigration Reform and Control Act that toughened sanctions against employers who hired illegal aliens, denied illegal aliens federally funded welfare benefits and legitimized some aliens through an amnesty program. A close examination of the Reform Act seems to show it does more to provide welfare and social security assistance to aliens than to secure the borders and enforce the law. Today the total cost to America is $338.3 billion a year being spent on illegal aliens. Consider the following:

  • Between $11 and $22 billion spent by the States on welfare to illegal aliens.
  • Another $2.2 billion spent on food assistance programs, e.g.; food stamps, WIC and school lunches for illegal aliens.
  • Medicaid at $2.5 billion for illegal aliens.
  • Primary and secondary school education costs $12 billion for children here illegally.
  • An additional $17 billion for American-born children of illegal aliens, anchor babies
  • $3 million per day spent on incarceration of illegal aliens. That’s $1.1 billion per year.
  • $90 billion spent on illegal aliens for Welfare and social services.
  • Suppressed wages in the U.S. are estimated at $200 billion per year as a result of illegal immigration.
  • 30% of federal prison inmates are illegal aliens, with the crime rate 2 ½ times that of legal aliens.
  • In 2006 illegal aliens sent $45 billion in remittance to their home countries of origin.
  • In 2005 up to 19,500 illegal aliens were from terrorists countries.
  • Millions of pounds of drugs, cocaine, meth, heroin, and marijuana crossed into the U.S. from our southern border.

Is it any wonder that 75% of Americans are disgusted with the Federal government and its policy for enforcement of its own immigration law?

Now, since Arizona has had enough and is taking action to protect their citizens,  all the politicians are taking sides and pushing new immigration reform in their quest to secure the Hispanic vote in the coming 2010 election. We don’t need new immigration law. We need to enforce the existing law and not worry about what party will win the Hispanic voting block in the coming election. Those legal resident aliens in America should feel betrayed by any politician that would propose amnesty for illegal aliens that have broken the law to gain entry to this country. The cost for mass deportation of the 10 – 12 million illegal aliens currently in this country is small in comparison to the annual spending taking place today for the undocumented. If we are truly a nation of laws then we should enforce the law and close our border to the undocumented. There should be no amnesty granted to those that entered illegally but they should be deported and made to go to the end of the line for those that are following the law waiting to become citizens.  Justice, not social justice, is the law of the land. Social justice failed in the immigration reform of 1986 and will surely fail again if we repeat the mistakes of the past.