Tuesday, February 17, 2015

The Administrative Procedure Act

It is Texas. It is because the Republicans are letting Homeland Security fall into dissolution.

..."arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law."

There is only one way to end the Executive Authority through the courts. What the Republicans are doing, as well as this judge, is nothing short of bloodless coup against the US Constitution.

February 17, 2015
By Jonathan H. Adler

...Although (click here) the court sided with the states, the court did not declare the substance of the policy itself unlawful — at least not yet.  According to the lengthy ruling by Judge Andrew Hanen, the administration failed to comply with the requirements of the Administrative Procedure Act.... 

Moving against the APA is gutting the powers of the Executive Branch. Texas has radical courts, that is already known. When looking across the spectrum of Republican politics, it is the Texas legislature, governor and judiciary that becomes creative with words to attempt to undo the federal laws passed under the Obama's Legislature.

The US House is assuming it can be the Executive Branch. It is carrying out legislation that is unconstitutional to take away power from the Executive Branch, including addressing Congress by foreign dignitaries. It is a US House lead coup. There is no other word for it.  

Arbitrary and capricious comes into play when the President pulls a rabbit out of his/her hat. The executive order comes out of nowhere and creates law that is a surprise. What would be a good example? Let's say the President hates dogs and orders the country to remove dogs to shelters for euthanasia. That is how out of line the Congress and this Texas judge has acted to destroy Executive Branch authority.

February 17, 2015


After six weeks in session and 139 roll call votes (click here) in a House and Senate that feature some of the largest Republican majorities in generations, one of the most telling statistics from the new Congress is this: President Obama's veto threats outnumber the bills Congress has been able to send him.
When Republicans swept into power last November, they promised a new era of productivity and discipline that would break four years of gridlock. "America's New Congress," they called it.
But far from striking a bold contrast with the last two terms of stalemate, congressional Republicans have quickly run into familiar obstacles, including partisan paralysis and party infighting.
Friday, as members of Congress rushed to leave town on a bitterly cold morning, Republicans celebrated their most visible accomplishment to date: sending the Keystone XL pipeline bill to Obama's desk for his expected veto....

There are several articles in the country today about the complete break down of the federal government. This Congress is extraordinarily adverse to governing. 

The Republicans pander to their financial backers. That is a fact. The Kochs are purchasing the services of the House and Senate. It is written all over the stalemate of the Legislative and Executive Branches.

It doesn't matter if the President is including health care and education in his Executive Order. It is the TRADITION to treat the undocumented with care that most Americans have. The issue of health care is a public health problem. 

It is also not permitted by law to allow a child waste their lives in a hollow existence. The USA has always educated the children of the undocumented simply because it provides a better understanding of this country. The best example was the previous Executive Order allowing room for the "Dreamers." The Dreamers were born or brought to the USA at a very early age and have grown up within the USA and educated here. The standard of 'caring' for the Undocumented and their children has been status quo for decades.

The country's health is determined by individual participation in health care and vaccines. This is nothing the President is doing out of the ordinary. Currently there is a measles outbreak as well as other communicable diseases, because, American parents opted out of vaccines. It is in the best interest of the country to vaccinate and treat disease with anyone in our borders. 

This is a legal definition of "public health." This is listed on WHO, but, it is a standard and not an opinion.

Public health (click here) refers to all organized measures (whether public or private) to prevent disease, promote health, and prolong life among the population as a whole. Its activities aim to provide conditions in which people can be healthy and focus on entire populations, not on individual patients or diseases. Thus, public health is concerned with the total system and not only the eradication of a particular disease. The three main public health functions are:...

Public Schools:

...“There is a compact (click here) that exists between a community and its public school. It is a promise that the school will teach every child that passes through its doors—poor children, affluent children, children with disabilities and children who show great academic promise. The common public school is required to teach the easy to teach and the difficult to teach. The common public school is there for the student with strong parent advocates and for the child who is, for all practical purposes, alone....

The nature of the work of the Undocumented enters into the school attendance of their children. The Undocumented workers are in the field very long hours, leaving the child(ren) home without supervision during that time. 

If the USA were to place Social Service workers in these circumstances the children would be viewed as neglected. The neglected children would be placed in Foster homes. Once in Foster homes the children would be required to attend school anyway. Therefore, the children are left with their families and provided a public school education they would have received in Foster care.

It is unrealistic ICE would be able to find and deport every family in the USA. There has been testimony to that fact before federal Congressional committees. 

President Obama did not assign any status the Undocumented don't already enjoy as if a citizen. President Obama is upholding a long standing status quo while federal officers do necessary work that actually applies to national security. The undocumented, nor their children, have proven to be anything but a necessary element of our economy.