WHERE DOES THE MOST SERIOUS THREAT TO THE PRESERVATION OF THE FUNDAMENTAL RIGHTS AND LIBERTIES OF AMERICANS REST? FROM CONGRESS? FROM THE PRESS? FROM THE PRESIDENT? FROM ALL THREE TAKEN TOGETHER? THE ANSWER MAY SURPRISE YOU!

KOLBE VS. HOGAN:

INTERIM REMARKS

The Arbalest Quarrel has been working steadily on a systematic and comprehensive analysis of the Kolbe case. We are taking a short timeout with this segment, subtitled, “Interim Remarks,” to place the substantial time we are devoting to Kolbe in proper perspective. We feel our analysis has singular importance now with the Senate Judiciary Hearings on the Gorsuch confirmation that took place these past few days, and which have concluded. Senate Democrats are now filibustering, to prevent a vote on the confirmation of Judge Gorsuch as Associate Justice on the U.S. Supreme Court.The Arbalest Quarrel will continue its comprehensive, analytical exposition of the Kolbe case, considering its negative impact on the Second Amendment and considering, as well, the failure of the Fourth Circuit to take proper note of and abide by the rulings and reasoning of the high Court in the seminal Heller case. The high Court provided clear guidance to the lower Courts for the proper handling of Second Amendment cases where government action attacks the core of the Second Amendment.What is unfortunately abundantly clear now is that lower federal Courts will, at times, ignore rulings and reasoning and guidance of the U.S. Supreme Court if those lower federal Courts do not agree with the methodology, the rulings, the reasoning, and the jurisprudential underpinnings of the law as reflected in specific cases. So it is that we see some United States Circuits ignoring the precepts of Heller. But, regardless of a jurist’s political and social philosophy, precedent must not be ignored. Precedent must never be ignored. All too often as we see, though, judicial precedent is ignored, and it is, not infrequently, ignored in the most important cases: those cases negatively impacting our most sacred rights and liberties.If anything came out of the Neil Gorsuch confirmation hearings —where Judge Gorsuch had to suffer through days of torturous questioning and insufferable pontificating of Senate Democrats sitting on the Judiciary Committee—the public has come to see that Judge Gorsuch believes fervently in the importance of legal precedent as the cornerstone of our system of laws. This is necessary if our system of laws is not to be reduced to a set of discordant, inconsistent body of law, providing no guidance on which Courts may reasonably rely.The public has also seen that Judge Gorsuch gives credence to the law enacted by Congress, as written. Judge Gorsuch does not allow personal feeling to sway his rulings. That seems to bother some members of the Senate Judiciary Committee. It should, though, give the public hope. For, the public can rest assured that Judge Gorsuch, sitting on the high Court as an Associate Justice, will demonstrate proper restraint—applying the law to the facts as that law exists, and not as he may, perhaps, rather like the law to be.What the law ought to be is subject matter for legal and political philosophical musings set down in essays. When a judge opines on a case before that judge, the jurist is not to render judgment on what the law ought to be but must predicate his or her rulings on what the state of the law is, and elucidate findings of fact and conclusions of law on that basis and on that basis alone. Frankly, all too often we do not see this. The worst and most dangerous example of improper legal judgment is judgment reflected in personal feeling peppered, if only tacitly, but unmistakably, in legal opinions—personal feeling overriding judicial restraint in matters directly impacting the Bill of Rights, not least of which, we see on the continued assault against the clear meaning and purpose of the Second Amendment.The rabid assault on the sanctity of the Second Amendment to the U.S. Constitution continues unabated notwithstanding the clear reasoning of and holdings in the Heller case. But, where do the greatest and gravest threats rest?Contrary to popular opinion on the matter, the greatest threat to our Bill of Rights, generally, and the gravest danger to our Second Amendment, particularly, rests less upon the assertive, pretentious, sanctimonious, noxious rhetorical flourishes and rancor of some elected officials who disdainfully, arrogantly voice their antipathy toward the Second Amendment—even if that rancor is masked through the obligatory assertion, “but of course I support the Second Amendment,” as if, through the addition of that assertion to the official’s polemic, the elected official may effectively hide his or her clear distaste toward the very idea that the average, law-abiding, rational, American citizen—not working as a policeman, or as a soldier, or as a licensed bodyguard, or as a government or private security officer, or in some unknown, secretive governmental capacity, but merely, solely as a civilian—should actually ever be armed with—horror of horrors—a firearm.And, contrary to popular opinion on the matter, the greatest threat to our Bill of Rights, generally, and the gravest danger to our Second Amendment, particularly, rests less upon the loud, vociferous, discordant voice of writers, editors, and owners of mainstream media whose antipathy toward the right of the people to keep and bear arms is well-known by the public, and is at once both longstanding and supremely malevolent.Rather, the greatest threat to our Bill of Rights, generally, and the gravest danger to our Second Amendment, particularly, rests more on the actions of activist Jurists of the federal District and Circuit Courts whose arcane opinions, seemingly well-learned and well-reasoned, merely obscure an intent to defeat the Second Amendment despite clear guidance from the U.S. Supreme Court.The threat posed by an activist Judiciary to the preservation of our basic liberties, as envisioned by the founders of our Free Republic is very real, not to be reasonably denied. And that threat posed to our Second Amendment right of the people to keep and bear arms is ultimately greater than that posed by either a recalcitrant Congress or a derelict Press.The danger posed by an activist Judiciary is greater and graver to our sacred rights and liberties because the Judiciary is the final arbiter of what our law means and, therefore, how the law impacts our lives.As our Constitution sets forth, Congress makes the law we live by. The Executive enforces the law that Congress enacts. But, as the grand interpreter of the law—what the law means and whether the law is consistent with the U.S. Constitution—whether a law shall operate at all, and, if so, the effect it has on our lives—it is for the Judiciary to say. It is not for Congress to say; and it is not for the U.S. President to say; and it is certainly, not for the Press to tell the American people what the law of the Land is.No! The Judiciary, alone, is the final arbiter of what the law is. Some may think the Judiciary wields less power than the two other Branches of Government. After all, the Judiciary does not have the power of the purse, which, along with the unequivocal and singular power to make law, exists in Congress alone. The Judiciary does not wield power over the military, or over the federal police agencies, or over the vast intelligence apparatuses, all of which fall within the direct purview of the Executive. But, as the final arbiter of our law—what the law means and how the law is to be applied—assuming we remain a Nation ruled by law, truly ruled by law, and not by men—no American should underestimate the power the Judiciary wields over our lives.Even the most uninformed citizens among us knows full well the power of the Judiciary in the matter of immigration. That has been on full display. That power can and, most recently has tied the hands of the U.S. President, as Commander in Chief of our Nation, taxed with the singular duty to protect the People of our great Nation from all threats both foreign and domestic.President Donald Trump, promising to do his best to defend this Nation against imminent and serious threat posed by Islamic terrorists —clearly among his most important duties as U.S. President—has been constrained and frustrated in that effort due to the machinations of the U.S. Court of Appeals for the Ninth Circuit and thereafter by the U.S. District Court of Hawaii—Courts that have, through their actions, placed the welfare of this Nation and the physical safety of its citizens at considerable risk as those Courts, through their opinions, demonstrate that the wishes of non-citizens who seek to emigrate to America from failed States are to be given more consideration than are the health and well-being of this Nation and the physical safety of American citizens. And, it doesn’t stop there, with immigration.Activist U.S. District Court and U.S. Circuit Court of Appeals judges express their disdain of the Second Amendment and their continued defiance of the U.S. Supreme Court through decisions that rein in the right of the people to keep and bear arms. They denigrate the import and purport of our Second Amendment through manipulation of legal doctrine.If our pronouncement be undiplomatic, untactful toward the Judiciary, so be it. This is not a time for niceties. For the decisions of the Judiciary—the words expressed in opinions—are proof of political activism that strike at the heart of the health, welfare, and safety of our Nation and at the import and purport of our Bill of Rights.No less has the Fourth Circuit, in our estimate, manipulated legal doctrine, in denigration of U.S. Supreme Court precedent. Obscuring opinion in arcane legalese does little to disguise the fact that legal opinions coming out of this Circuit in the recent Kolbe case are antithetical to and involve a misunderstanding—whether consciously deliberate or incautiously but honestly mistaken—of the rulings and reasoning of the Heller Court.The Fourth Circuit relies for support, in part, on similar rulings of its sister Courts, most notably, those of the Second, Third, Seventh, and Ninth Circuits. By relying for support on opinions of their sister Courts, the Fourth Circuit aims, it seems to us, to deflect honest criticism away from itself, thereby suggesting that similar rulings of these other Courts that belie the rulings, reasoning, and clear guidance of the majority opinion, penned by Justice Scalia, in Heller, do somehow demonstrate that the Fourth Circuit does give due consideration to the holdings and reasoning of Heller, rather than contradicting the holdings and reasoning of that seminal Second Amendment case. But that is not the case at all.We firmly believe—as we have explained and will elucidate yet further—the Fourth Circuit Court of Appeals, en banc, having taken its cue from the U.S. District Court of Maryland and from the opinions of various sister Courts, strained to find a loophole in the Heller case to justify finding Maryland’s Firearm Safety Act to be legal. There isn’t any. So, the Fourth Circuit created one out of whole cloth.The gravest error of the Courts of the Fourth Circuit consists in the application of a standard of review that the Heller Court specifically rejected. Proceeding from an improper footing, an erroneous decision—but one the Fourth Circuit obviously wanted—could not but follow from the application of the wrong standard.Happy the Fourth Circuit would be, as would other United States Circuit Courts that elicit similar sympathies, if Heller were simply overturned. Were Judge Merrick Garland to have sat on the high Court, that pipedream for the antigun movement would come to pass. There is no doubt about that. Clearly, that was one end that Barack Obama had in mind which is why he nominated Merrick Garland to Associate Justice of the U.S. Supreme Court. It was one end that Hillary Clinton would have had in mind were she to have been elected U.S. President. For, she would certainly have been elated to sit Judge Garland on the high Court. Thankfully, neither the previous U.S. President or the one who would be Queen will never get their wish.If Judge Neil Gorsuch is confirmed and he should be and undoubtedly will be—despite a Democratic threat of filibuster of his confirmation which is now unfolding—the Heller case should remain untouched—even if ignored by various Circuit Courts as we see in Kolbe. Heller is the first case that extends—albeit tacitly—the idea that, where the very core of a fundamental right is attacked in a government action—a facial challenge to that governmental action will be given proper consideration.The U.S. Supreme Court made clear enough in Heller, to the surprise and, we are sure, much to the consternation of the D.C. Government and to the U.S. Circuit Court of Appeals for the District of Columbia, that the U.S. Supreme Court would not shrink from applying facial challenge methodology to an action by government that attacks the core of the Second Amendment even if that had not previously been done. We should see that methodology applied as well in Kolbe if Kolbe or a similar case is heard by the U.S. Supreme Court. We hope and trust and pray that Judge Gorsuch sits on the high Court as the Ninth Justice when this happens.We continue with our analysis of the Kolbe case with Part Five of our multi-series article, to be posted shortly._________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

THE STATISTS SPEARHEAD ATTACK AGAINST THE PRESIDENT'S EXECUTIVE ORDER THROUGH THE COURTS

The Ninth Circuit’s Decision, Enjoining the President’s Executive Order, Temporarily Suspending Refugees from Entering Our Country Who Reside in Failed States, Was Legally Wrongheaded. Who Really Was Behind the Filing of the Lawsuit? What Is the Basis for The President's Order? And, Why Did the Ninth Circuit Block Implementation of The President's Order?

PRESIDENT TRUMP HAS HIS WORK CUT OUT FOR HIM.

President Trump has promised to get our House in order. This is no small task given years of disassembling through the insidious machinations of Bill Clinton, George Bush Senior, George Bush Junior, and Barack Obama. These lackluster U.S. Presidents of the past decades have supported doctrines of liberal democracy, globalization, multiculturalism, and debilitating military interventionism and entangling alliances—all of which have, together, devastated the financial well-being of our Nation, and have denied to hard-working, proud Americans the financial and physical security they deserve—the financial and physical security they might have had but through the implementation of destructive trade policies and through seditious collusion with foreign Countries to keep our borders open; and through seductive psychological conditioning and indoctrination, designed to produce mass confusion in the public psyche—inverting and substituting the ideal of nationalism for the flawed notion of internationalism; the ideal of protectionism for the corporatists’ dream of globalization; the ideal of individualism for the morass of mass conformity and alien inclusiveness; the ideals expressed in Judeo-Christian morality for amorphous cultural and moral relativism.Through incessant, monotonous, repetitive sloganeering and messaging by the mainstream media, Americans are urged, even cajoled, to view patriotism as jingoism, national pride as nativism and racism, and love of Country and concern for one’s Nation and one’s Countrymen, first and foremost, as selfish parochialism.These past U.S. Presidents support the precepts of utilitarian consequentialism, an ethical position anathema to the Founders of our Republic and inconsistent with the import of the Bill of Rights. These Past U.S. Presidents worked to undermine our free Republic and worked to undermine the U.S. Constitution even as they declared, disingenuously and hypocritically, to support our free Republic and our Constitution. They have forsaken the American public, implementing policies that benefit a small, exceedingly powerful and ruthless, cunning and duplicitous, secretive and sinister, extraordinarily wealthy, elite coterie of internationalist globalist benefactors, hell bent on undermining and ultimately destroying the very  concept of the Nation State—our Nation State—working vigorously behind the scenes to dissolve our Nation’s sovereignty; weakening our Nation’s laws; doing nothing to secure our borders against waves of illegal migrants and criminal gangs and refugees and Muslim terrorists; spending frivolously on wars they have no intention of winning; involving our Country in innumerable foreign escapades that have nothing to do with our national security; throwing billions of our tax dollars to foreign countries that give us nothing in return except millions of their own wretched citizens who drain our own wealth and resources; and slowly moving our Country in the direction of an EU style social, political, economic construct through implementation of secretive international trade deals that harm our small businesses, destroy our manufacturing base and leave millions of hard-working Americans destitute. Not surprisingly they, and their international benefactors, are yet working, behind the scenes, taking every opportunity to frustrate the policies of President Donald Trump, sowing dissension, creating discord, inciting violence, vilifying our President, blocking our President at every turn—doing everything in their power to prevent him from doing his job, to prevent him from succeeding on behalf of our Nation and on behalf of its citizenry.The quick, violent, and virulent assault on the President’s January 27, 2017 Executive Order is a case in point. President Trump implemented this Executive Order for the legitimate purpose of protecting this Nation and its citizenry from acts of Islamic terrorism, sweeping across Western Europe, lest the unmitigated horror descending upon the EU work its way into the U.S.The title of the President’s Executive Order is: “PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES.” What does the January 27, 2017 order say? The principal purpose of the President’s Executive Order is laid out clearly, comprehensively, cogently, and candidly in the first three paragraphs:“The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States.  Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans.  And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States.  The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.  The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law.  In addition, the United States should not admit those who engage in acts of bigotry or hatred (including ‘honor’ killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.” The President should be commended for issuing this Order. The danger our Nation and our People face from Islamic terrorism isn’t hypothetical. It is real. The President of the United States has a duty to secure our borders against threats to our National Security and threats to the American citizenry.The duty of a U.S. President does not extend to salving a person’s feelings where demonstrable threats exist to the security of our Nation. President Trump has demonstrated a conscientious desire to protect this Country from harm—to protect this Country against the very harm destroying the fabric of social and political order in the EU. Yet, instead of standing behind Trump, Democrats in Congress attack this Order, and they blast the President for implementing it.Internationalist globalist forces drum up public resistance to the U.S. President’s Executive Order with the avid assistance of the insistent, quarrelsome and vocal mainstream media. Where are the Republicans in all of this? Most are staying acutely silent, apparently afraid to show backbone. Instead of actively supporting the U.S. President, Republicans remain, for the most part, complacent, thereby lending support to those who would place this Nation’s security at risk—a risk that the Democratic Party candidate, Hillary Clinton, deemed perfectly acceptable. Other Republican members of Congress openly castigate the President, rather than come to his defense. As for the Democrats, they are rabble rousing, unabashedly inciting the unruly ignorant mob to agitate. The mainstream media, not content to report the news, has declared war on our President, using every opportunity to engage in confrontation with the President, castigating him, and disrespecting him, attempting to demean both him and his policies.Some elements within the federal bureaucracy—diehard fans of Barack Obama, still raging over Hillary Clinton’s defeat, are skirting with subversion and sedition because they have pointedly said they will not work with and on behalf of the United States President. That is reprehensible. Openly confronting the U.S. President cannot be condoned, much less encouraged. If Government bureaucrats disagree with the President, they should at least keep their mouths shut. They should not use their position as a soapbox to openly defy the President of the United States. If they cannot or will not work with the U.S. President, then they should resign from Government employment. That is the honorable thing to do. It is the only correct and proper thing to do if they do not wish to work with the President. Imagine an individual in the private sector openly defying his or her superior. How long do you think that person would remain at their job?

THE EXECUTIVE ORDER IS LAWFUL, CONTRARY TO THE DECISION OF THE NINTH CIRCUIT.

This Executive Order is lawful. The principal duty of the U.S. President is mentioned in the oath he takes as set forth in the Article 2, Section 1 of the U.S. Constitution: “Before he enter on the execution of his office, he shall take the following oath or affirmation: ‘I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.’”Two of the laws the U.S. President must faithfully execute, which provide the impetus and legal ground for this Executive Order involve immigration. One is 8 U.S.C. § 1182, titled, “Inadmissible Aliens.” 8 U.S.C. § 1182(f) says, in pertinent part, “Suspension of entry or imposition of restrictions by President. 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.”This Statute gives the President clear authority to suspend the refugee program and to take any action he deems necessary to prevent individuals who may pose a threat to our national security from entering our Country. That action includes precluding from entering our Country those denizens, residing in Countries that are failed States and otherwise openly hostile to our Nation and its citizens. Such failed States pose a true threat to the safety and the security of our Country and its People and to our National interests. Terrorists can and will infiltrate into this Country through the waves of refugees whom they follow, if these terrorists are given the opportunity.Another Statute, 8 USCS § 301, titled, “General authorization to delegate functions; publication of delegations,” authorizes the U.S. President to delegate responsibility for implementing his Executive Order to, inter alia, appropriate officials in the Executive Branch. In this instance, the head of the Department of Homeland Security (DHS) is tasked with carrying out the Executive Order, suspending penetration of our Country by denizens of Countries adverse to our interests.8 USCS § 301, says:“The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, that nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions.” Now, the internationalist globalist elites don’t like this Executive Order because it conflicts with their goal to seed disruption in our Country as they have seeded disruption in the EU. They seek to undermine the security of the United States, slowly whittling away at our National Sovereignty, paving the way for ultimate dismantling of our Nation and its Constitution, eventually surreptitiously taking over our Country. Still, these internationalist, globalist elites have little power to harm this Nation and its citizenry now that their puppet, Hillary Clinton, lost the U.S. Presidential election and is politically dead. Where, then, does the power of these singularly powerful, immensely wealthy, abjectly ruthless, and intensely private, secretive, sinister creatures lie?These “elites” still control the mainstream media. What does the mainstream media comprise? The mainstream media comprises major newspapers, including, inter alia, the New York Times, the Washington Post, the Financial Times, the Guardian, the Wall Street Journal, the Los Angeles Times, and the Chicago Tribune. It includes major broadcast networks like ABC, CNBC, MSNBC, CBS, CNN, NPR, and PBS, and, yes, FOX network too—various gatekeepers on the right and on the left of the political spectrum. Yet, with the election of Donald Trump, this same mainstream has now fallen out of the mainstream. It has devolved into the voice of the extreme. As it has castigated the weblogs that supported Trump during the election cycle as being unruly, this same mainstream media has itself grown unruly. It has become increasingly boisterous, vituperative, obstreperous, sanctimonious.This mainstream media has lost any semblance of dignified restraint and measured tone in reporting. It disrespectfully denigrates the Office of the U.S. President at every turn because its owners, the internationalist globalist “elites” who rule the EU quietly with an iron fist behind the scenes, failed—which, for them, was an unbelievable turn of events—to seat their puppet, Hillary Clinton, in the White House. But, the American people have turned a deaf ear to the nonsense spouted by the mainstream media.What else do these internationalist, globalist “elites” have up their sleeve? They can, as we have seen, orchestrate mass marches and they can foment violence and chaos through the use of agents provocateur, buttressed by legions of ignorant Americans quick to jump of the cliff like willing lemmings as soon as they hear the appropriate buzzwords that flood the soft tissue of their mush-filled brains. These internationalist, globalist elites work hand in hand with subversive political groups like the George Soros Group, MoveOn.org, and the Groups, Code Pink, and Black Lives Matter.But, the American people have really nothing to fear from an unruly mob. For, the police, and the military, and, most importantly, an armed citizenry can contain an unruly mob. The Second Amendment still exists much to the chagrin of those that seek to do away with the Bill of Rights. And the American people need not fear the lurid nonsense spouted by the mainstream media that is growing increasingly unimportant and extraneous as the messages it conveys are clearly out of the mainstream.But the internationalist globalist elites can still manipulate the Judiciary. That is problematic. The mainstream media and an unruly mob do not constitute a Branch of Government. But, the Judiciary does. While the internationalist globalist elites won’t be able to compromise the U.S. Supreme Court once the U.S. Senate confirms Neil Gorsuch, still the third Branch of Government encompasses, today, more than the U.S. Supreme Court. The Judiciary comprises eleven U.S. Circuit Courts of Appeal and over ninety lower U.S. District Courts. The Judiciary also includes a few specialized lower federal courts and several federal administrative boards.

FORUM SHOPPING DISPOSSESSES THE U.S. PRESIDENT OF HIS ABILITY TO PROTECT THIS NATION AND THE AMERICAN CITIZENRY FROM THREATS TO NATIONAL SECURITY AS THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HAMSTRINGS THE PRESIDENT.

Less than a week had passed from the date of the signing of the President’s Executive Order to protect this Nation against intrusion into our Nation by Islamic terrorists, when the State of Washington—apparently at the behest of outside influences—filed a Complaint seeking declaratory and injunctive relief. The case was filed in the U.S. District Court for the Western District of Washington.The U.S. District Court issued a TRO (Temporary Restraining Order), placing an immediate hold on execution of the Executive Order. A TRO is an extraordinary legal remedy. It is one Courts do not routinely issue. Courts do not routinely issue injunctions because Courts wish to give each side an opportunity to present facts and law in support of their position. In the absence of a full adversarial trial on the merits, injustice may occur. Therefore, a party seeking immediate relief—through preliminary injunction or TRO—must satisfy stringent tests.

POLITICAL MATTERS ARE NOT APPROPRIATE MATTERS OF JUDICIAL INQUIRY

THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IS NOT CONTENT ON TELLING PRESIDENT TRUMP WHAT THE LAW IS; IT TELLS THE U.S. PRESIDENT HOW TO DO HIS JOB!

THE SEQUENCE OF EVENTS LEADING TO THE DECISION OF THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT, AFFIRMING THE DECISION OF THE U.S. DISTRICT IN PLACE.

The State of Washington, evidently taking its cue from the internationalist globalist elites who seek to undermine our free Republic, our Constitution, and our National Security, lost no time in preparing and filing a formal Complaint, seeking to preclude President Trump from implementing his travel ban. The Plaintiffs’ First Amended Complaint was filed on February 1, 2017.The Plaintiff State of Washington was joined, in the First Amended Complaint, by the Plaintiff State of Minnesota. The State of Washington, alleged, in principal part, that the President’s Executive Order is unconstitutional because it violates the Establishment Clause of the First Amendment. The State of Washington also alleged that the President’s Executive Order violates The Immigration and Nationality Act, 8 U.S.C. § 1152(a)(1)(A), because that Act, as Plaintiff alleges, prohibits discrimination in the issuance of immigrant visas on the basis of race, nationality, place of birth, or place of residence. The State of Washington further alleged that the President’s Executive Order is discriminatory, violating the Due Process and Equal Protection Clauses of the Fifth Amendment. The State of Washington also alleged the President's Executive Order violates the Administrative Procedures Act, 5 U.S.C. §§ 553 and 706(2)(D), because, as the State of Washington asserted, federal agencies must conduct formal rule making before engaging in action that impacts substantive rights. Lastly, the Plaintiff, State of Washington alleged the Executive Order violates the Tenth Amendment because, as the State of Washington asserted, “the Constitution prohibits the federal government from commandeering state legislative processes.”But, notwithstanding the bare recitation of these naked allegations, how is the State of Washington, as Plaintiff, in the suit, specifically harmed? Let’s see. The State claims:

THE STATE OF WASHINGTON ALLEGES THAT THE PRESIDENT’S EXECUTIVE ORDER HARMS THE STATE IN THE FOLLOWING WAYS:

“Washington’s interest in protecting the health, safety, and well-being of its residents, including protecting its residents from harms to their physical or economic health, is a quasi-sovereign interest.Washington also has an interest in ensuring that its residents are not excluded from the benefits that flow from participation in the federal system, including the rights and privileges provided by the U.S. Constitution and federal law. Washington’s interest in preventing and remedying injuries to the public’s health, safety, and well-being extends to all of Washington’s residents, including individuals who suffer indirect injuries and members of the general public.Immigration is an important economic driver in Washington. Many workers in Washington’s technology industry are immigrants, and many of those immigrant workers are from Muslim-majority countries. Many companies in Washington are dependent on foreign workers to operate and grow their businesses.The technology industry relies heavily on the H-1B visa program, through which highly skilled workers like software engineers are permitted to work in the United States. Washington ranks ninth in the U.S. by number of applications for high-tech visas.Microsoft, a corporation headquartered in Redmond, Washington, is the State’s top employer of H-1B visa holders and employs nearly 5,000 people through the program. Other Washington-based companies, including Amazon, Expedia, and Starbucks, employ thousands of H-1B visa holders.   Washington-based companies, including Amazon, Expedia, and Starbucks, employ thousands.The market for highly skilled workers and leaders in the technology industry is extremely competitive. Changes to U.S. immigration policy that restrict the flow of people may inhibit these companies’ ability to adequately staff their research and development efforts and recruit talent from overseas. If recruiting efforts are less successful, these companies’ abilities to develop and deliver successful products and services may be adversely affected.Microsoft’s U.S. workforce is heavily dependent on immigrants and guest workers. At least 76 employees at Microsoft are citizens of Iran, Iraq, Syria, Somalia, Sudan, Libya, or Yemen and hold U.S. temporary work visas. There may be other employees with permanent-resident status or green cards. These employees may be banned from re-entering the U.S. if they travel overseas or to the company’s offices in Vancouver, British Columbia.”The State thereupon asks, inter alia, for the Court to enjoin the Defendants, Donald Trump, President of the United States, and John Kelly, Secretary of the Department of Homeland Security, from implementing the Order. This means the State requests the U.S. District Court to issue its own Order preventing the President from exercising the President’s duty to faithfully execute the laws of the U.S., prior to an adversarial proceeding that would give the President and the Secretary of DHS an opportunity to be heard in open Court.

THE DISTRICT COURT SHOULD NEVER HAVE ISSUED A TRO, ENJOINING THE U.S. PRESIDENT FROM CARRYING OUT HIS EXECUTIVE ORDER THAT WAS DESIGNED MERELY AND ONLY TO PROTECT THIS NATION AND THE AMERICAN PUBLIC FROM REAL HARM POSED BY THOSE INDIVIDUALS ENTERING THIS COUNTRY FROM SEVERAL NAMED COUNTRIES THAT HARBOR TERRORISTS.

The U.S. District Court should have summarily denied issuance of an injunction. Why? Injunctions are extraordinary remedies.Courts generally frown on issuing injunctions because injunctions amount to ex parte action. That means a Court renders an injunction prohibiting a Party against whom the injunction is issued from engaging in a particular action. The Court that issued an injunction is operating on the say-so of one party without bothering to hear from the other party against whom the injunction is issued. That is not how our legal system is meant to function. Our system is an adversarial system of justice. This means that each Party to a lawsuit is promised an opportunity to be heard, to present evidence in his or her behalf, and to have an opportunity to challenge the veracity of the allegations made against that Party. When a Court issues an injunction on the allegations proffered by one Party before the other Party has had an opportunity to be heard, the adversarial system of justice is dispensed with, and justice is denied the Party whose rebuttal arguments are never heard. This is bad enough where individuals stand to lose much in the way of their individual rights under the law. It is absolute insanity where, as here, the entire Nation and its citizens are placed at risk due to the action of one judge, operating out of one Court who orders that his injunction be given nationwide effect.

WHAT IS THE LEGAL MECHANISM FOR ISSUING A PRELIMINARY INJUNCTION?

In the Ninth Circuit, A Court will issue an injunction—in the instant cast—the most extraordinary injunction—a Temporary Restraining Order (TRO)—when the Court is satisfied: one, that a Plaintiff is likely to suffer irreparable harm if the injunction isn’t issued immediately, and, two, the Party that seeks an injunction is likely to win on the merits, and, three, the equities tip in favor of the Party seeking an injunction, and if, four, issuance of an injunction is in the public interest. All four factors must be present. But, looking at just one factor here, namely, that Plaintiffs here, the State of Washington and the State of Minnesota, will, as the Court has determined, be irreparably harmed if the Court does not immediately prevent implementation of the U.S. President’s Order, the Complaint is devoid of anything concrete that so much as suggests the States would suffer irreparable harm if the Court does not enjoin the U.S. President and DHS from implementing the Executive Order. Yet, the District Court itself acknowledged, in Washington v. Trump, 2:17-cv-00141 (W.D. Wash. Feb. 3, 2017) that a preliminary injunction—of which the TRO is one type—is an extraordinary remedy that may only be awarded upon a clear showing that a Plaintiff is entitled to such relief, prior to a full-blown trial on the merits. But where in the Court’s Opinion ordering a TRO, in the context of the allegations of the Complaint, is there any indication that the Plaintiff would be irreparably harmed if the TRO isn’t issued?There isn’t any and that is reason enough for the Court to refrain from issuing a TRO. Then, too, there is nothing in the Court Opinion to buttress the Court’s finding that the State of Washington is likely to win the case on the merits. Moreover, the idea that the equities tip in favor of the Plaintiff is absurd on its face. How can one State possibly argue, with a straight face no less, that its claimed economic interests—not so much its own but that of a private Company, namely and especially that of the technology Company Microsoft—and that its claimed interest in protecting the Constitutional rights of individuals, who are not even citizens of the United States, and its claim of a public interest that is purportedly harmed by the U.S. President’s Executive Order, are all greater than the concern the President of the United States has for the security of the Nation and for the life and safety and well-being of the citizens of this Nation as a whole, thereby warranting, according to the U.S. District Court Judge, the awarding of an injunction, enjoining the U.S. President from carrying out his duties, under Article II of the Constitution, on behalf of this Nation and on behalf of its People?

THE U.S. PRESIDENT RESPONDS TO THE U.S. DISTRICT COURT JUDGE’S ISSUANCE OF AN INJUNCTION

On February 3, 2017, the President of the United States filed his emergency motion to the United States Court of Appeals for the Ninth Circuit, asking the Ninth Circuit to overturn the District Court’s issuance of a TRO. The President made clear that his Executive Order was a lawful exercise of his complete and absolute control over the admission of aliens into this Country. The President pointed out that the District Court had issued a sweeping injunction in the absence of any legal analysis. Essentially the District Court simply mouthed the platitudes for issuance of its TRO without explanation of how the State of Washington and Minnesota met their burden of proof, thereby begging the very question at issue: whether the Plaintiff States had provided a convincing showing of hardship in the absence of issuance of an injunction. Indeed, rationally, sensibly, one would think that the U.S. President’s Executive Order, predicated on his duty to protect the Nation against outside threats to this Nation and to its citizenry, would outweigh the States’ insistence that its personal economic interests and the economic and financial interests of a few private businesses, and the interests of non-citizens are harmed by the President’s Order and therefore must be protected. The State of Washington is essentially saying: “The United States be damned. The economic concerns of Microsoft and the concerns of non-citizen refugees count for more than the safety and well-being of the Nation and its people as a whole.” Certainly, more serious interests are at risk when a Court enjoins a U.S. President from acting on behalf of the Nation and the American People, which, after all, was the reason the President issued his Executive Order in the first place. Evidently, the Ninth Circuit didn't think so.The President also argues in his Motion that the Plaintiffs have not even presented a convincing argument that they have standing to present a case against the President and the Secretary of DHS, apart from the naked claim that the Court has subject matter jurisdiction over the case. The District Court itself proclaimed subject matter jurisdiction over the case when the Court should properly have questioned its jurisdiction because a State cannot properly bring suit to enforce purported rights on behalf of its citizens based on a State’s estimate of its citizens’ relationship with the federal government. In other words, it is for the citizens themselves to bring suit against the federal government, to vindicate rights, if they feel the federal government has violated their Constitutional rights. But, the U.S. District Court never questioned its own jurisdiction in the case. At the very least the Court could have and should have asked each of the Parties to the action to submit briefs on the standing issue. Instead the Court assumed it had subject matter jurisdiction and obligingly gave the State whatever it wanted, irrespective of the law.It must be pointed out that, in the first instance, a Federal Court must determine whether it has subject matter jurisdiction to even hear a case brought by a plaintiff before it--as required under Article III of the U.S. Constitution--before that Federal Court proceeds pell-mell to hear a case at all. In the matter before the Court, the Court assumed the State of Washington had standing and accepted at face value the allegations made in support of enjoining the United States President from carrying out his duties under Article II of the Constitution. A hearing on standing should have at least have been ordered prior to any consideration of issuance of an injunction against the U.S. President. The Court did not do this, and the President properly brought up the issue of standing in its Motion asking for emergency relief from the effect of the TRO, when it filed its Motion with the United States Court of Appeals for the Ninth Circuit. Citing United States Supreme Court precedent, the U.S. President correctly pointed out, in the Motion, citing legal precedent, that, “an order barring the Executive Branch from enforcing a Presidential Executive Order inherently imposes harm on the public, by thwarting the legal effect of the public’s chosen representative.” Yet, the U.S. District Court, in awarding Plaintiff States a TRO, opined that, the “States have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the Executive Order. The Executive Order adversely affects the States' residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States by virtue of their roles as parens patriae of the residents living within their borders.” Think about that for a moment. The Court is saying that an inconvenience to a State’s residents in the areas of employment, education, business, family relations, and freedom to travel, count for more than the life, well-being, and safety of the citizenry of the entire Nation.You would think the United States Court of Appeals for the Ninth Circuit would not only reverse the lower Court’s awarding of the TRO to Plaintiff States but would have chastised the District Court for awarding the TRO at all. Instead, the Ninth Circuit, in State of Washington vs. Trump, No. 17-35105 (9th Cir. Feb. 9, 2017), denied the Defendants' Emergency Motion for a Stay pending appeal, the effect of which was to affirm the District Court's awarding of a TRO to the Plaintiff States, Washington and Minnesota. The Ninth Circuit said, citing a U.S. Supreme Court case: “A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. Holder, 556 U.S. 418, 433 (2009) (quoting Virginian Ry. Co. v. United States, 272 U.S. 658, 672 (1926)). “It is instead ‘an exercise of judicial discretion,’ and ‘the propriety of its issue is dependent upon the circumstances of the particular case.’” Id. (quoting Virginian, 272 U.S. at 672-73) (alterations omitted). “The party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” Id. at 433-34. The Nken vs. Holder case dealt with the meaning of 8 USCS § 1252(f), titled, “Judicial Review of Orders of Removal.” The Nken vs. Holder case has nothing to do with the present case. In Nken, the Petitioner, an alien, sought to stay his removal from the U.S., pending review of the removal order, but the Respondent, Attorney General, asserted that the alien could not meet the stringent requirements for a stay under 8 USCS § 1252(f). The alien appealed the judgment of the United States Court of Appeals for the Fourth Circuit, which denied the stay and the alien then appealed the adverse ruling to U.S. Supreme Court. The high Court affirmed the decision of the Fourth Circuit, denying the alien’s motion for a stay, pending the appeal of his removal from the United States.

THE NKEN CASE IS INAPPOSITE AND THE NINTH CIRCUIT MISUNDERSTANDS AND MISAPPLIES FEDERAL STATUTE, WHEN IT REFUSES TO ISSUE A STAY OF THE U.S. DISTRICT COURT’S RULING, ENJOINING THE PRESIDENT FROM IMPLEMENTING HIS SUSPENSION OF REFUGEE, SEEKING EMIGRATION TO THE UNITED STATES FROM HOSTILE COUNTRIES.

The Ninth Circuit misapplies 8 USCS § 1252(f), titled, “Judicial Review of Orders of Removal.” The applicable section, titled, “Limit on injunctive relief,” says, “(1) In general. Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions of chapter 4 of title II [8 USCS §§ 1221 et seq.], as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, other than with respect to the application of such provisions to an individual alien against whom proceedings under such chapter have been initiated. (2) Particular cases. Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law.” The prohibition on Courts against use of a stay here, even where hardship exists, applies to aliens who seek to prevent a Court from removing them from this Country, pending their appeal of a final removal order. In other words, aliens can’t claim hardship to prevent their removal from this Country on a final order in the absence of clear and convincing evidence that execution of the removal order is prohibited by law.In the instant case the President’s Motion for a stay of the District Court’s TRO has nothing whatsoever to do with the import of the Statute, 8 USCS § 1252(f). And the Nken case has nothing to do with the case before the Ninth Circuit, here. An alien isn’t seeking to prevent his or her removal from this Country. Rather, the President is precluding, temporarily, aliens, citizens of failed States that are known to harbor Islamic terrorists, from entering our Country. Moreover, even if 8 USCS § 1252(f) did extend to the President’s Executive Order, which it doesn’t, the District Court’s TRO is not a final order.By its nature preliminary injunctions, such as a TRO, are interim orders—they are not final orders on the merits. And this TRO deleteriously impacts the security of this Nation and the security of its citizenry. The Ninth Circuit is grasping at straws, citing law that has no bearing on the issuance of a TRO against a U.S. Presidential Executive Order, as the Ninth Circuit has, apparently, made up its mind before the fact to allow the U.S. District injunction to stand.Furthermore, constitutional rights do not apply to aliens. Aliens are, by definition, individuals who are not citizens. Due process concerns and equal protection concerns do not apply to non-citizens. No one who is not a citizen can claim legal right, under the Fifth Amendment, to enter our Country. Yet, the Ninth Circuit makes this very determination, essentially deciding the case on the merits to justify and sanctify the lower Court’s awarding of a TRO, with nationwide affect, on behalf of two States whose standing to bring suit against the U.S. President is tenuous at best.

IT IS NOT THE PRESIDENT WHO HAS INTRUDED UPON THE DOMAIN OF THE JUDICIARY IN VIOLATION OF THE DOCTRINE OF SEPARATION OF POWERS, BUT RATHER, IT IS THE JUDICIARY, HERE, THAT HAS BY ALL ACCOUNTS, IMPROPERLY INTRUDED UPON THE DOMAIN OF THE EXECUTIVE AND, IN SO DOING, HAS UNDERMINED THE SEPARATION OF POWERS DOCTRINE AND HAS MADE DIFFICULT THE PRESIDENT’S DUTY TO FAITHFULLY EXECUTE THE LAWS OF THIS NATION, AND, HAS, AS WELL, JEOPARDIZED THE SECURITY OF THIS NATION AND THE SAFETY AND WELL-BEING OF ITS CITIZENS.

In a seminal case, decided well over two hundred years ago, Marbury vs. Madison, 5 U.S. 137, 1 CRANCH 137 (1803)—a case that all first year law students of accredited law schools study in depth, the Chief Justice of the United States Supreme Court made clear the role of the Judiciary in our THREE BRANCH SYSTEM OF GOVERNMENT. The Chief Justice, John Marshall, made clear the defining role of the Judiciary. He said, “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”  Thus, the Chief Justice made clear that while Congress shall make the laws of this Nation, and the President shall faithfully execute the laws of this Nation, it is the role of the Judiciary—and the role of the Judiciary alone—that shall determine what the law is. That specific role clearly demarcates a singular prerogative of the Judiciary if any doubt had previously existed as to the specific singular prerogative of the Judiciary.But, Marbury vs. Madison does not stand merely for the proposition that, in so asserting a specific defined role for the Judiciary upon which neither the President nor Congress may lawfully tread, there are not also areas in which the Judiciary, for its part, must not tread.  Clearly, when laying out the scope of judicial inquiry Chief Justice Marshall was also circumspect in laying out the limits of Judicial inquiry—the parameters beyond which the Judiciary must not tread. The Chief Justice stated, “Questions, in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.” Expounding further, the Chief Justice stated, “By the constitution of the United States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties, he is authorized to appoint certain officers, who act by his authority and in conformity with his orders. In such cases, their acts are his acts; and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and being entrusted to the executive, the decision of the executive is conclusive. The application of this remark will be perceived by adverting to the act of congress for establishing the department of foreign affairs. This office, as his duties were prescribed by that act, is to conform precisely to the will of the President. He is the mere organ by whom that will is communicated. The acts of such an officer, as an officer, can never be examinable by the courts.”It is a curious matter today that the Press, which isn’t a Branch of Government at all, often operates as if it is one, explaining as the voice of conscience—which it has little of—and the voice of reason—which has none of—how it is that, in its opinion, the U.S. President has overstepped his bounds of legal authority. The Press can, perhaps, be excused its excesses. It has long since lost credibility. But, the Ninth Circuit, for its part, should know better. It would have done well to read Marbury vs. Madison before rendering its decision in the latest case on the U.S. President’s temporary travel ban. Had the Ninth Circuit done so, it would have realized that it had transgressed the bounds of propriety by telling the President what his duty is, rather than more ably considering what its own duty is. Had the Ninth Circuit given more thought of the limits of judicial inquiry, it would have refrained from engaging in political matters where it has no business going, having no cognition of the dangers this Country faces from the outside—to which the U.S. President is particularly able to deal with and is charged to deal with—and unmindful of the dangers to the Constitution itself creates, on the inside, having failed to heed to its rightful purpose—namely, interpreting the laws of this Nation, and not telling the President what his job is and how he is expected to do that job and what he is expected to refrain from doing.The issuance of a TRO by the U.S. District Court of the Western District of Washington, in the absence of any demonstrative legal basis to do so, is an example of a Court improperly intruding on the legitimate authority of the Executive to faithfully execute the laws of the Land. The Ninth Circuit would have done well to remind the U.S. District Court not to intrude on Presidential prerogative. Instead, the Ninth Circuit makes matters worse by affirming the lower Court’s decision. The decision isn’t just wrongheaded from a legal standpoint, having misinterpreted the law. It is wrongheaded in another sense entirely. For the Ninth Circuit has taken a political matter—one wholly outside the purview of the Courts—and has turned it into a legal one, thereby improperly intruding on a domain completely outside Judicial review and outside Judicial prerogative. The President is right.The President’s Executive Order, faithfully executing the laws of Congress is unreviewable. The Ninth Circuit, in defiance, of the clear separation of powers, decided to review the Executive Order anyway. Moreover, the Ninth Circuit takes into account matters wholly outside the allegations of the Complaint, relying, in great part, on biased newspaper accounts and editorials to support the District Court’s issuance of a TRO. The Ninth Circuit also improperly considers remarks the President made in his campaign—essentially nothing more than rhetoric. But, the Ninth Circuit then uses those remarks against the President, arguing that the Executive Order follows from religious bias toward Muslims. That is patently ridiculous.The purport of the President’s Executive Order, on its face, is designed to protect this Country and its citizenry from the very problem facing the EU as a result of having taken in waves of refugees from the Middle East—many of whom have engaged in acts of terrorism across Europe. The President has taken a proactive stance, rather than a reactive stance, to protect American citizens from physical harm. The Ninth Circuit gives that matter no thought.The mainstream media, for its part, shows its abject ignorance of our laws and jurisprudence, and ignorance of the separation of powers doctrine by asserting bombastically that President Trump’s Executive Order is unconstitutional and that the President, rather than the Judiciary, has ignominiously encroached on the powers of the Judiciary by referring to the U.S. District Judge for the Western District of Washington as a “so-called Judge.” The admonition on the part of the President hardly constitutes encroachment on the Separation of Powers. Improper issuance of a TRO, made all the worse through affirmance of the District Court’s Order by the United States Court of Appeals for the Ninth Circuit, however, does.Hopefully, Judge Gorsuch will soon be confirmed by the U.S. Senate, and the U.S. Supreme Court will put matters right. For this Country teeters on the brink of anarchy wrought by those who would insinuate odd notions of morality into the framework of our Constitution and thrust into the public’s psyche alien ideas, devoid of reasoned, sensible reflection.Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.  

TRUMP, UNSHACKLED BY REPUBLICAN PARTY DISUNITY, REMAINS STRONG TO WIN!

TRUMP, UNSHACKLED BY REPUBLICAN PARTY DISUNITY, REMAINS STRONG TO WIN!“. . . if the populace had any intelligence at all, the world wouldn’t be in its present condition. . . .” ~Captains And The Kings, by Taylor Caldwell, Part One, Chapter 24, page 260 (Doubleday & Company, Inc.)(1972)

INTRODUCTION

WHAT AMERICA GAINS THROUGH A TRUMP VICTORY IN NOVEMBER IS A RETURN TO SANITY; AND THE RETURN TO TRADITIONAL GOALS; AND A RETURN TO THE IDEALS OF OUR NATION AS HELD AND PROMOTED BY OUR FOUNDERS—IN SUM: PLACING THE NEEDS OF OUR NATION FIRST, NOT CONFLATING THE NEEDS OF OUR NATION WITH THOSE OF OTHER NATIONS AND WITH OTHER PEOPLES; AND IN EXTOLLING THE PRINCIPLE THAT WE ARE A NATION THAT RESPECTS AND HONORS THE  SANCTITY OF EACH LAW-ABIDING AMERICAN CITIZEN; AND THAT WE ACKNOWLEDGE THE INHERENT RIGHT OF EACH LAW-ABIDING AMERICAN CITIZEN TO LIVE HIS LIFE UNHINDERED BY GOVERNMENT AND FREE FROM THREAT OF GOVERNMENT RETRIBUTION FOR HAVING EXERCISED HIS OR HER RIGHTS UNDER THE BILL OF RIGHTS—THAT EACH CITIZEN HAS THE RIGHT TO BE LEFT ALONE.

The American public remains abysmally unaware of the danger posed by a Clinton Presidency. Both Hillary Clinton and Barack Obama have wreaked havoc with the economy, with our security, with our health care system, with our social and educational institutions, with our Constitution—in fact—with our National Identity. We are a unique people with a unique history, with a unique perspective on life, and with a unique way of life worth preserving. We are a Nation that places value on the individual and awards individual effort. These ideas are central to Donald Trump's political philosophy as one can deduce from an analysis of his speeches. But Clinton and Obama don’t agree with that philosophy. Their political philosophy devalues the individual. Their political philosophy subordinates the worth and sanctity of the individual to that of the collective, of the hive. We hear Hillary Clinton and Barack Obama express these alien, anti-American ideas in their own speeches. We see these alien, anti-American ideas expressed in their policy directives. They pontificate. They lecture Americans. They treat Americans in a condescending manner, drumming their drivel into the public's psyche through simplistic slogans, catchy phrases, and sanctimonious sermons. The mainstream media is their willing, treacherous accomplice in all of this, heralding, trumpeting the bizarre messages of Obama and Clinton and those like them, who seek to undermine the importance and sanctity of the individual and the sovereignty and independence of this Nation. Obama and Clinton suppress as subversive anything that is incompatible with the goals, aims and directives of their silent, secretive partners and benefactors who seek ever more control over the lives of Americans.Obama and Clinton, in accordance with the directives of their secretive partners and benefactors denigrate the notions of individual initiative, individual drive, and individual effort. Obama and Clinton seek to rework, reshape the American public in the mold of sameness. They seek to erase our sacred rights and liberties as heresy for those rights and liberties are grounded on yet one more basic and sacred right they cannot and will not abide: the right of the individual to be individual. Trump displays the very attribute of individuality that Hillary Clinton and Barack Obama and their benefactors and partners seek to stamp out, must stamp out if their goal of a New World Order is to succeed; and the powerful and corrupting influences at work in this Country and in the world at large know this very well. Through the tool of the mainstream media, they do everything in their considerable power to attack, demean, and discredit Trump—to discredit the right of the individual to be, in that person’s thought and actions, individual.

PART ONE

NOTHING, ABSOLUTELY NOTHING, IS MORE IMPORTANT, MORE CRITICAL TO THE SURVIVAL OF THIS NATION THAN THE PRESERVATION OF OUR RIGHTS AND LIBERTIES—ALL TEN OF THEM—AS CODIFIED IN OUR BILL OF RIGHTS. THESE RIGHTS AND LIBERTIES ARE NOT TO BE IGNORED, REFUTED, DEBASED, SUPPRESSED OR DIMINISHED BY STATE OR FEDERAL LAW, BY EXECUTIVE FIAT, BY INTERNATIONAL LAW, OR BY OPERATION OF FOREIGN PACT, TREATY, UNDERSTANDING, OR AGREEMENT.

The primary, primordial right of the individual to be individual is embodied in our jurisprudence, in our Constitution, in the very existence of our Nation. We are the only Country in existence, founded on the sacred principle that the rights and liberties of this Nation’s citizens are not privileges, granted to the people through the grace of the State, but natural rights, preexistent and preeminent in the people themselves. Our Nation is also founded on the principal that the federal Government exists by grace of the People to serve the People. Government does not exist by its own grace; and the American People are not subjects or indentured servants of the State: they are not to be perceived as such and they are not to be treated as such. America’s citizens are individuals in whose hands, and in whose hands alone, ultimate power and authority resides. But, we don’t hear these points recited by our present President, Barack Obama, or by the Democratic Party nominee for U.S. President, Hillary Rodham Clinton.For all their pretentious pronouncements, Hillary Clinton and President Barack Obama forbear from remarking on the import of our sacred rights and liberties. They forbear on remarking, that the power and authority residing in the American People is preeminent; that such power and authority given to the federal Government is by grant of the people; that such power and authority that Government has is limited; and that such power and authority the Government has exists to serve the People, not the other way around. Why do you suppose that is? The question is rhetorical. Barack Obama and Hillary Clinton don’t talk about this. They don’t talk about our sacred rights and liberties in any meaningful way. They slither through any discussion of the citizenry’s sacred rights and liberties and they dismiss altogether any suggestion that ultimate power and authority resides in the American People. They do so because they mean to exercise power and authority for themselves, as regents on behalf of the puppet masters—the silent and secret masters who control them. Barack Obama and Hillary Clinton muffle criticism and muzzle those who speak out in defiance to the lies and hoaxes they perpetrate on Americans. Barack Obama and Hillary Clinton muffle criticism and muzzle those who dare point to the Obama and Clinton puppets’ callous disregard and contempt for Americans’ rights and liberties; for the callous disregard these puppets have for the Constitution and for the rule of law; for the callous disregard these puppets have for the security and well-being of this Country’s citizenry.

PART TWO

THE FOUNDERS OF OUR REPUBLIC WOULD FIND THE ETHICAL SYSTEM PROPOUNDED BY AND PROMOTED BY CLINTON AND OBAMA REPUGNANT TO THE FOUNDERS’ CONSCIENCE AND INCONSISTENT WITH THE IMPORT AND PURPORT OF THE NATION’S BILL OF RIGHTS.

Obama and Clinton assert they know what is in the best interests of the American People. Their notion of what is in the best interests of the American People is grounded in the ethical theory of utilitarianism, which looks at what is deemed to be in the best interests of society as a whole, as a collective. The problem with this notion is that it is antithetical to the founders’ ethical system. The Arbalest Quarrel has written extensively on this in an article posted on our site on June 1, 2015, titled, "Guns, Knives, and Occam's Dangerous Razor." In codifying our rights and liberties, the founders of our Republic emphasized the importance of the individual, not the collective. But Obama and Clinton don’t like that idea. It gets in the way of their ability to interfere with and to interject themselves into the lives of average law-abiding Americans. For, if Obama and Clinton are going to create and implement policies grounded in notions of what is best for the collective—consistent with the principals of socialism and communism—then the needs and interests of the individual cannot and must not be factored into the mix.It is through the natural, inalienable rights and liberties codified in our Bill of Rights that the individual’s needs and interests—not those of the collective—may be expressed—and may be expressed free from Government control and interference.Indeed, Obama and Clinton argue that the exercise of individual rights and liberties is archaic. The individual is expected to give up any pretense of such individual right or individual liberty. He or she must do so for the benefit of society as a whole—for the benefit of the collective. Obama and Clinton operate as if the Bill of Rights doesn’t exist.Similarly, Obama and Clinton don’t mention that ultimate power resides in the American People because that fact is inconsistent with the Imperial Presidency. Through this notion of an Imperial Presidency, Obama has sought to accumulate ever more power in the Executive Branch at the expense of the other two Branches of Government. He obliterates the suggestion that our Constitution is structured on the governing principal that ultimate power and authority resides in the American People, not in the Federal Government, and certainly not in one Branch of Government. Clinton’s view of the Imperial Presidency would build on Obama’s.President Obama and Hillary Clinton have contempt for our rights and liberties as codified in the Bill of Rights. They have contempt for the Separation of Powers doctrine, reflected in the first three Articles of our Constitution. And, they have contempt for the fact that ultimate power and authority resides in the American People, not in the Government.As evidenced in their political philosophy, in their foreign and domestic policy directives, in their utilitarian consequentialist ethical system, which our Nation’s founders never ascribed to, Barack Obama and Hillary Clinton respect not our Constitution, or our system of laws, or our traditions, culture, and history. They are both, at heart, Globalists and Internationalists, not Nationalists. For Barack Obama and Hillary Clinton, the expressions, ‘Nationalism,’ ‘National Pride,’ and ‘National Identity,’ ‘Protectionism,’ ‘Isolationism,’ and ‘Non-interventionism,’ ‘Secured Borders,’ and ‘Immigration Quotas,’ are vestiges of an earlier time, having no import today. Indeed, for Obama and Clinton such expressions are pejoratives.What the Arbalest Quarrel provides for you in this multipart series article is a comprehensive look at the nature of the stakes. We provide you a view of the political landscape that you won’t find in the mainstream media. We don’t paint for you a pretty picture here; but the conclusions drawn follow from the facts as we see them. We welcome your comments.

PART THREE

THE MAINSTREAM MEDIA DELIBERATELY DISTORTS THE GRAPHIC IT DRAWS OF TRUMP. IT RAISES TRUMP’S PECCADILLOES TO THE LEVEL OF CRIMES WHEN THERE IS NO EVIDENCE TO SUPPORT CRIMINAL CHARGES OR CIVIL TORT LAWSUITS; AND NO CRIMINAL INDICTMENT OR CIVIL ACTION IS FORTHCOMING AGAINST HIM. INVERSELY, THE MAINSTREAM MEDIA’S ESTIMATION OF CLINTON’S MISCONDUCT IS, FOR THE MOST PART, ALL FLOWERS AND SUNSHINE. THE MAINSTREAM MEDIA CONVEYS THE IDEA THAT CLINTON’S FEDERAL FELONIES ARE NOTHING MORE THAN NON-ACTIONABLE “MISTAKES” NOTWITHSTANDING THE EXISTENCE OF SUBSTANTIAL AND SUBSTANTIVE EVIDENCE THAT CLINTON INTENTIONALLY OR THROUGH GROSS NEGLIGENCE COMMITTED SEVERAL FEDERAL FELONIES, AND DID SO REPEATEDLY, AND DID SO OVER AN EXTENDED PERIOD OF TIME.

The mainstream media does not set the record straight. Rather, the mainstream media is the greatest enabler of and for the unlawful policies of Barack Obama and Hillary Clinton. The power the mainstream wields, as guaranteed to the Press under the First Amendment to the United States Constitution is all for naught. The sacred right is squandered. The mainstream media refuses to discuss the serious issues of the day. The media treats politics as entertainment, no more important than a sports event or celebrity show, perhaps even less important. The media, at the behest of the wealthy powerful, secretive, globalist interests that control them, treat the public to fluff and nonsense.Realizing how ridiculous it is to have endorsed a criminal for President of the United States, namely Hillary Rodham Clinton, the mainstream media finds it useful to attack her opponent’s character rather than to pay serious attention to the idiocy of their endorsement of Clinton. So, the mainstream media offers distractions for public consumption, raising embarrassing episodes in Donald Trump’s past, blowing those episodes up to major imbroglios as if to suggest that anything in Trump’s past could truly compare to the horrific conduct of Hillary Clinton: mishandling confidential government information, lying to federal investigators, selling out this Country for personal gain, and allowing Americans to die because it is inconvenient to send American troops to protect them. Hillary Clinton has committed felonies. The Nation has suffered because of them; lives have been lost. But, Trump’s personal indiscretions—none of them prosecutable crimes and certainly not felonies—are deemed by the Press to be worse. Fancy that!Clinton has harmed this Country. She has placed its citizens at unnecessary risk. She has placed this Nation’s system of laws and jurisprudence at risk. She has placed this Nation’s institutions at risk. She has shown her utter contempt for our Country’s Constitution, and she has demonstrated a flagrant disregard for the rights and liberties of American citizens under the Bill of Rights. Hillary Clinton has broken federal law both intentionally and through gross negligence. She has committed serious crimes. She has done so repeatedly and through an extended period of time. Not improbably, she still does. Yet, Americans are to believe, as professed by the mainstream media, by political pundits, by policy analysts, by news commentators, and by her supporters—albeit wrongly—that Clinton is fit to hold the Office of President of the United States and that Donald Trump is not.But, on the measure of misconduct, whose sins are greater, really? Clinton’s criminal misconduct is not unimportant or irrelevant. Many commentators point to the fact that Clinton has, to date, not been indicted, as if to suggest or to expressly assert she committed no crime. But failure of prosecutors to indict does not entail, either in law or logic, that a crime has not been committed. There are often many reasons prosecutors do not indict a person on criminal charges even if prosecutors have probable cause to believe a crime has been committed. In the case at hand, it is not beyond the realm of reasonable inference that the U.S. Department of Justice was prepared to indict Clinton but was pressured not to. That suggests our Government has suffered a quiet coup d'état. If so, what is at stake for the American People in this election is not simply a choice of different political philosophical viewpoints: Democratic or Republican? No! What it is that is at stake in the 2016 U.S. Presidential election suggests something no less critical than the greatest ordeal to face this Nation since the American Revolution: Americans either retake their Country that totters, now, at the brink of dissolution or Americans suffer the loss of their Country forever.

PART FOUR

THE CORRUPTING FORCES AND INFLUENCES THAT CONTROL THE INNER WORKINGS OF THIS COUNTRY AND THAT SEEK TO MAINTAIN THE STATUS QUO AT ALL COSTS ARE AFRAID OF TRUMP.

As the 2016 U.S. Presidential election grows near, mainstream media, including major newspapers, like the New York Times and the Wall Street Journal, and major broadcast networks, namely and particularly, CNN, MSNBC, ABC, CBS, and FOX News Channel, mislead the Public to promote an agenda that has nothing to do with providing fair, unbiased reporting of the news. They do so endlessly, relentlessly, tirelessly, and tediously. Trump draws flak from the billionaire donor class, from international globalists, multinational conglomerates, and from neoliberal economists. He draws flak from President Barack Obama, and from Obama’s wife, Michelle. Trump draws flak from Hollywood moguls and film actors. He draws flak from the Communist Party USA, from Democratic Party leaders, and from Clinton followers.Each, in his or her or its own way, seek to displace Trump and place Hillary Rodham Clinton in the White House, using every sleight of hand and subterfuge, every dirty trick, every artifice, every psychological methodology and propagandist tool at their disposal—anything and everything to nudge the public to accept Hillary Clinton as the best choice, the inevitable choice—the legitimate choice, the only real choice for U.S. President.If Hillary Rodham Clinton, by hook or crook, as the case may be, as the case certainly is, successfully claws her way to victory in November, it will be through no small help of her vast army of surrogates, benefactors, and enablers. If she secures the U.S. Presidency, she will lead this Country to its destiny. But that destiny is one the average American would find both unfamiliar and most disagreeable: the destruction of the U.S. Constitution, the end of the rule of law, and the end of this Country as an independent, sovereign Nation State. The Clinton family will make out just fine. They will be paid handsomely by their Globalist Benefactors as they sell this Country out, for pennies on the dollar, like privateers and hucksters who sell off the assets of a company for their own personal gain, heartlessly casting the employees out into the void, leaving the company a dry, empty husk.In their effort to promote, for U.S. President, the most corrupt politician this Country has ever seen, Hillary Clinton, those individuals and groups, who seek to sit their puppet, Clinton, in the Oval Office, attack the Republican Party candidate, Donald Trump viciously and unconscionably. They do so on specious, spurious grounds. They drum up titillating material to thwart Trump’s campaign because they know his policy issues are rational and sound but detrimental to their goals of a tightly nested confederation of Western member nations—all of them ruled through a single technocratic governing European body, the New World Order, presided over by trillionaire international bankers: the Rothschild clan.The Rothschilds have pulled out all the stops. The clan overtly supports Hillary Clinton for President, as acknowledged by the New York Times, and as the Arbalest Quarrel has written about in an article posted on our site, on September 12, 2016, titled, "Hillary Rodham Clinton: The Candidate Of Choice Of The Secretive, Powerful, Incredibly Wealthy Internationalist Rothschild Family."The proponents of the New World Order have their own Agenda. It is one contrary to the well-being of and continued sanctity of the United States as an independent sovereign Nation.

PART FIVE

DO CENTRIST REPUBLICANS SECRETLY SUPPORT THE AGENDA OF CLINTON’S SUPPORTERS AND BENEFACTORS?

WHERE ARE CONGRESSIONAL REPUBLICANS TO BE FOUND? WHY HAVE THEY NOT COME TO TRUMP’S AID?What we find difficult to understand and vehemently take exception with are attacks against Trump by many Congressional Republicans. Do they not realize that, by attacking Trump, they are playing into the hands of Clinton’s supporters and benefactors, especially the Rothschild clan? From their actions we can only surmise that Congressional Republicans who speak out against Trump share, if tacitly, the sentiments of those who actively support Clinton. And, those Congressional Republicans who remain silent, who fail to take a stand to support Trump, are nonetheless complicit in the condemnation of Trump and, so, no better than those Republican Congressmen who speak out, overtly, against him.No Republican Congressman can sit idle, inconspicuous in this, riding the waves quietly like a jellyfish. The American People are not fooled. There is no place for reticence here, not when the very survival of our Country, and of our Constitution, and of our very way of life is at stake.

WHAT DO CLINTON’S BENEFACTORS WANT? WHAT ARE THEIR AIMS AND THEIR WISH FOR THE FUTURE OF OUR COUNTRY?

The attacks against Trump are vigorous, wearingly repetitive, and unremitting. What do these individuals and groups support? They support globalism, multiculturalism and neoliberal free trade agreements. They support constraints on freedom of speech. They support reduction in, if not outright elimination of, the rights and liberties of American citizens—those rights and liberties existent in our Nation’s citizenry as natural rights, as codified in the U.S. Constitution’s Bill of Rights.Those who attack Trump support de facto if not de jure repeal of the Second Amendment right of the People to keep and bear arms. They support abortion on demand, open borders, and general amnesty for illegal aliens. They support federal control of State police forces, extension of federal powers and authority, and concomitant reduction in the powers reserved to the States through the Tenth Amendment to the U.S. Constitution.The individuals and groups that attack Donald Trump support subordination of the U.S. Constitution and subordination of our body of laws and of our jurisprudence to the laws of other nations and to foreign jurisprudence, consistent with the dictates of the UN and with international pacts, treaties, and mandates. Yet the subordination of our laws, our Constitution, our jurisprudence to those of other nations, or to the dictates of foreign courts and to international courts, and to foreign tribunals, is anathema. Such notion is in contradistinction to the precept that the U.S. Constitution and U.S. law and U.S. jurisprudence supersede those of any other nation and supersede the dictates of orders of foreign courts and foreign tribunals.Our Constitution mandates the absolute supremacy of our laws and legal system. It does not allow the ceding of our Nation’s legal authority and dominance to anyone. It mandates the independence and superiority of our laws and our Court Orders over any ruling and any holding of any foreign court or foreign tribunal. It mandates dominance over the rulings and orders of international courts, over the rulings and orders of courts of other nations, and over the rulings and orders of any foreign tribunal or foreign administrative panel, regardless of any suggestion by treaty, or pact, or UN or EU decree to the contrary.Those individuals and groups that attack Trump support growth of the Welfare State and the continuation of deficit spending. They support elimination of the death penalty even for individuals convicted of the most despicable, heinous crimes. They support affirmative action and absolute federal control of public school education. They support expansion of the power of the Federal Reserve which they believe is a vital institution of Government even though it isn’t a Governmental institution at all but simply a private entity.The very existence and power wielded by the Federal Reserve System of Banking has devastated the financial well-being of this Country while enriching the international central banking consortium that operates to enslave us, the international Rothschild banking clan—a family that, collectively, holds trillions of dollars in assets. With the financial power the international Rothschild banking family wields, this one international family of bankers has controlled, through the centuries, up to the present time, the financial system of the world. Through the central banking system that the family’s Patriarch, Mayer Amschel Rothschild, created in the eighteenth century, and which has served the family well through the centuries—at the expense of the nations where these banks operate, leaving nations bankrupt—these privately held central banks operate in every corner of the world, in virtually every major nation on this planet. Like a black hole in the center of every galaxy in the universe, the Rothschilds, through their banks, control the destinies of nations, vacuuming up the lifeblood of each nation to fill their own coffers, leaving each nation bone dry.The individuals and groups that attack Trump support vast expenditures of taxpayer monies to foreign countries, absent proof of benefit to our own Country. They support endless war, and continued and costly foreign interventionism. They promote entangling—rather than untangling—foreign alliances.Such policy and philosophical goals, objectives, positions, and initiatives undermine the core values, principals, and traditions of our Country. Such policy and philosophical goals, objectives, positions, and initiatives undermine our Country’s economic well-being and physical security. Worst of all, such policy and philosophical goals, objectives, positions, and initiatives undermine the continued independence of and sovereignty of the United States. Hillary Clinton supports them, declaring her support openly, avidly. Donald Trump does not, and powerful interests both here and abroad know this. That’s why they want Hillary Clinton seated in the White House, not Trump. Hillary Clinton’s benefactors, first and foremost, the Rothschild clan—extraordinarily wealthy, all-powerful, secretive, immoral or otherwise amoral corrupting interests and influences at work in the world today are concerned—actually frantic with worry—over a Trump victory in November. But, average, law-abiding Americans have more to fear from a Clinton victory in November. After Brexit, Clinton’s benefactors do not intend to lose their control of the United States Government. They are controlling this U.S. Presidential cycle with the fury and frenzy of a shark attack.Through the power of the Office of the Chief Executive and as Commander in Chief of our Armed Forces, Hillary Clinton would, if elected U.S. President, command vast Governmental resources. She will be in the position to bend and violate our laws to benefit herself personally, to benefit her benefactors, to benefit her family, and to benefit the Bill, Hillary, and Chelsea Clinton Foundation—all at the expense of the well-being of and the security of the American people, and at the expense of and well-being of U.S. interests. To get a handle on the corruption inherent in the Clinton Foundation. See the  “Clinton Cash Documentary Movie” (in full) on youtube.  See also the New York Post article on Clinton corruption, dated August 3, 2016, titled, "New revelations show a nation for sale under Hillary Clinton." All the while Hillary Clinton will claim her interests are to be equated with America’s interests—that they are the same, when in fact they are not. Such is the viewpoint of despots the world over, throughout history.

PART SIX

BARACK OBAMA AND HILLARY CLINTON DO NOT REPRESENT THE NATION’S  INTERESTS OR THE NEEDS OF THE AMERICAN PEOPLE; THEY FORCE A BIZARRE, ALIEN AGENDA ON OUR NATION AND ITS PEOPLE—AN AGENDA AT ODDS WITH OUR TRADITIONS, OUR HISTORY, OUR CONSTITUTION, AND THE PRINCIPLES LAID DOWN FOR THIS NATION BY AMERICA’S FOUNDERS.

President Obama has, throughout his Presidency, slowly, insidiously—often beneath the threshold of the American public’s conscious perception—insinuated an alien idea into the American psyche, and upon that idea he has, on behalf of the puppet masters to whom he has silently, secretly declared his true allegiance, the international Rothschild clan, betrayed his oath of Office; betrayed his duty to serve our Country; and betrayed his duty to uphold the U.S. Constitution.The idea germinating in the American psyche, as promoted by Obama, stated succinctly, is this: Americans are citizens of the world, not merely citizens of America. Obama, on behalf of his benefactors, has sullied a basic precept, namely that each Nation has a unique history; its own set of laws; and its own core values. That means each nation is to be left alone and to its own devices unless that nation aggressively interferes in the internal affairs of and in the security of another nation.That means, too, we, Americans, are not to interfere in the affairs of other nations unless those other nations interfere in our affairs or in our security, or with our clearly defined interests. And if such other nation interferes in the affairs of our nation or endangers the security of our nation, then we may deal with that nation directly and harshly, and with finality. We have done so in the past and we should return to that singular policy stance now. Obama doesn’t adhere to that policy position because he doesn’t adhere to the sanctity of the Nation State. He suggests the very concept of the Nation State is, at that concept exists today, destructive to world peace.Obama has made his position poignantly clear, during his last speech to the United Nations General Assembly on September 24, 2016. See, Obama's last speech to the UN General Assembly, delivered on September 20, 2016, as posted by the White House, on its own website. Obama says,  in pertinent part, “This speaks to a central question of our global age: whether we will solve our problems together, in a spirit of mutual interests and mutual respect, or whether we descend into destructive rivalries of the past. When nations find common ground, not simply based on power, but on principle, then we can make enormous progress. And I stand before you today committed to investing American strength in working with nations to address the problems we face in the 21st century. . . . On issue after issue, we cannot rely on a rule-book written for a different century. If we lift our eyes beyond our borders – if we think globally and act cooperatively – we can shape the course of this century as our predecessors shaped the post-World War II age.” On the surface, through a superficial appraisal of Obama’s speech to the UN General Assembly, the speech appears eloquent and innocuous and, to some listeners, no doubt, even uplifting. Yet, dig deep into an analysis of that speech, and the ugly underbelly of the policy aims set forth in Obama’s speech come to light. The insidious goals of Obama’s puppet masters, whom Obama owes his allegiance, are cloaked in moralistic terminology, as illustrated in Obama’s speech to the UN General Assembly. Yet, the central premise of the speech contains a frightening portent. Obama speaks of subordinating our Nation’s needs and using our Nation’s resources for the ostensible benefit of a nebulous world community. Obama’s seemingly lofty political message to the UN General Assembly this past September paraphrases a Marxian World Political Economy Doctrine, albeit one with an interesting twist. Instead of promoting the destruction of Nation States through the rise of international labor, Obama promotes a political and economic schema that would bring to fruition the dream of the Patriarch of the international Rothschild clan, Meyer Amschel Rothschild.The Governments of the major nations of the world, under the secret directive of the Rothschild clan, must cede economic and political control, and, eventually, they must cede social and lawmaking control. True power already resides in an integrated, intertwining, interlocking network of central banks. Eventually all decisions would emanate through a hidden cabal of powerful international financial robber barons, who, in turn, are ruled by and who receive their directions from the trillionaire banking Rothschild clan.In either scenario, be it a Marxian world political economic system ruled by labor through its international representatives or, as we see materializing, a world ruled by and under the Rothschild central banking system, and Rothschild technocrats  the destruction of the United States as an independent, sovereign Nation is assured. But, Barack Obama doesn’t talk about that. The social engineering program he employs, at the behest of the puppet masters, the Rothschilds, is subtle.Slowly, through the mainstream media, as a tool of social conditioning, Obama has conditioned Americans to accept the new precept, set forth more fully, thusly: Americans are citizens of the world and that, as citizens of the world, we must embrace the needs of and the dangers faced by those peoples of other nations, and that our citizens must suffer the needs and dangers of those others, though we be not the cause of such needs or sufferings of others; and that we, Americans, must accept the needs or sufferings or dangers, of other peoples of other nations in the world, willingly, obligingly, because it is the moral thing, the “right thing” to do.Americans are expected to accept this as our new precept, our new credo, even a mantra—one to replace our Nation’s precept as set forth in the Preamble to our Constitution, proclaiming our “Nation State” to be sacred and inviolate; proclaiming the duty of the leaders of our Country to abide by the constraints imposed in the Constitution.

PART SEVEN

OUR CONSTITUTION’S PREAMBLE MAKES PLAIN THAT THE NATIONS CONCERNS RESIDE WITH THE NATION AND WITH THE CITIZENRY OF THE NATION; THOSE CONCERNS DO NOT EXTEND TO NATIONS AND PEOPLES BEYOND OUR SHORES. WE SHOULD NOT INTERFERE IN THE AFFAIRS OF OTHER NATIONS, AND THEY, FOR THEIR PART, MUST NOT INTERFERE IN THE AFFAIRS OF OURS.

The core purport of our Nation as a unique Nation is set forth, thusly, in the Preamble to the United States Constitution: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”Nothing in our Constitution—certainly nothing in the Preamble, the Articles, or the Bill of Rights, the components of our Nation's Constitution—says, overtly, tacitly, or tangentially, that our Country is to be the police force of and the caretakers of the rest of the world. Yet, Obama’s ethical posture, and that of Hillary Clinton, as heralded by the mainstream media, is to do just that: to become the police force and caretakers of the world, to ignore the very import and purport of our Constitution. The posturing of these imposters, masquerading as concerned leaders of our Nation, displays their arrogance, the danger they pose to preservation of our Constitution and free Republic, and the harm they would callously inflict on our citizenry under the guise of promoting civil harmony, piety, and decorum in the affairs of our Nation.Yet, by interfering in the affairs of other nations and other peoples —which Obama sees merely as a benign coordinating of efforts with other Nations to ensure peace—we are inviting other nations and savage actors to wage war against us, and to interfere in our internal affairs. Hillary Clinton would continue the use of our Nation’s armed forces as a wrecking ball, plowing through the world, causing anger, resentment, and rage—all the while claiming that this Nation is working with other nations to maintain peace in the world. The existent dangers in the world today belie the stated objectives. Obama and Clinton argue, essentially, that we must foment unwinnable wars in order to maintain the peace. The blatant absurdity of this pronouncement—this doublespeak—should be lost on no one. The unrest and upheaval present in the world today was planned all along. Obama and Clinton play the American public for fools.Through the resulting confusion—one engineered quietly behind the scenes by the Rothschild clan—the resulting breakdown of law and order in the Nation States, including our own, leads inexorably and inevitably to the ultimate breakdown of the foundation of Nation States. For Americans, we witness the breakdown of our Nation State.By opening the floodgates of our Nation to millions of refugees, irrespective of the dangers posed to our Nation and to its citizenry, Barack Obama suggests that we, Americans, as citizens of the world, should adjust to the new reality, to share in the dangers posed to citizens in any other part of the world. He doesn’t say this but his actions support that idea. Hillary Clinton accepts the precept. If she secures the U.S. Presidency, her foreign and domestic policies will be influenced and informed by it. The danger to the safety and security of our citizenry is prescient; it is expected; it is even desired. And the American people will suffer for it.The public sees the breakdown of law and order. Hillary Clinton’s response: suspension of our Bill of Rights and, in particular, suspension of the right of the people to keep and bear arms under the Second Amendment. She declares martial law. The foundation of our Nation fractures. Our Constitution, our system of laws, and the social and economic structure of our society all begin to crumble. Clinton engineers plans for the creation of a new Constitution—one consistent with those of the Countries of Western Europe. The affairs of our Nation become intertwined with those of other nations. We lose our National identity. We lose our Country.Obama’s new precept contradicts the inviolability of the ‘Nation State.’ The new precept is inconsistent with our Constitution, because it weakens our Constitution. Insinuation of the new precept into the design and implementation of foreign and domestic policies engenders the erosion of our institutions, of our laws, of our economy, of our culture and history, of our very identity as a unique and sovereign Country—one in which the citizens control Government and control their destiny—one contrary to the dictates of those powerful, internationalist interests who see our Country as part of a greater whole, a carbon copy of the others. To these individuals, to the Rothschilds, nations are politically identical to each other. The strength of all nations engenders relinquishing of individual national identity. This is, as the Rothschilds see it, as they want it, and as they plan for it. Through each nation’s contiguity to the other and in each nation’s political, economic, and social structure, each nation is essentially a carbon copy of the other. The goal is to dissolve the very concept of national unity, of national identity, of national pride. No nation is unique or is to be perceived as unique. Rather, each nation state must conform to the other, having the same  ideology, the same currency, the same constitution and set of laws, perhaps even the same language, identical—overseen and managed by one world government, abutting each other seamlessly like dozens of tessellating cubes. Individual history would be erased. National identity would be erased; culture, heritage, ethos--all amorphous, none unique.Under the new schema of political thought engendered by Obama, the concept of the ‘Nation State’ is archaic, obsolete, as is our Constitution. As liberal-wing U.S. Supreme Court Justice, Ruth Bader Ginsburg, had infamously asserted, in her remarks to the Egyptian Government, on February 6, 2012, in an article, titled, “Ginsburg to Egyptians: I wouldn’t use U.S. Constitution as a model,” as posted by Fox News Politics, “I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012.”  Apparently, the United States Constitution—one that has stood the test of time, as attested to by the greatness of our Nation—is no longer good enough for Justice Ruth Bader Ginsburg. Our Constitution is to be discarded like an old lease agreement, redrafted, and replaced with one that better reflects her own judicial, political, and moral philosophy, and her own jurisprudential concerns. Imagine Justice Ginsburg lecturing and scolding the founders of our Republic!Consider what the new Constitution would look like if Supreme Court Justices Ruth Bader Ginsburg and Stephen Breyer, and past Supreme Court Justice, John Paul Stevens, and President Barack Obama, and Democratic Presidential nominee, Hillary Clinton, all had a hand in redrafting the U.S. Constitution—one they see as more fitting for the 2lst Century.If Donald Trump wins the U.S. Presidential election, he will upend the Apple Cart of the imposters and destroyers of our Country and its Constitution. Trump's Presidency will mark a return to sanity, a return to traditional values, principals, and precepts—those held by the founders of our Nation. Hillary Clinton, though, will build on Obama’s legacy. Obama and Clinton hope that the familiarity of it is something they can build on it as this Country moves further away from its historical roots.

PART EIGHT

PRESIDENT BARACK OBAMA AND DEMOCRATIC PARTY PRESIDENTIAL NOMINEE, HILLARY CLINTON, HAVE TWISTED AND CONTORTED THE SACRED PRECEPTS OF OUR NATION BEYOND ANYTHING OUR FOUNDERS WOULD HAVE ACCEPTED OR CONDONED.

The United States that exists today is something alien to anything our founders envisioned. What Obama and Clinton envision for our Country is abhorrent. They would use—have used—our armed forces to promote causes and interests that do not ensure the security of this Nation but, rather, endanger it.Obama and Clinton use advertisement firms, they use the mainstream media, they use speech writers, they use communication specialists, they use psychologists and propagandists, and they use social engineers to market their toxic policies and toxic brand to the American People. They market their poisonous policies and their initiatives as something palatable, even nourishing. The fact remains, their foreign policies and initiatives have weakened the security of our Nation.The Clinton and Obama economic trade policies are just as disastrous. Clinton and Obama spring them on the American people suddenly and offer them to the public as something as inviting, even necessary. Yet, NAFTA has devastated our domestic economy. The Trans-Pacific Partnership (TTP)—drafted over several years in secret, that the public has only recently heard about—and the Transatlantic Trade and Investment Partnership (TTIP)—also drafted over several years in secret that few people even know about—both of which Clinton will sign if she becomes President if these trade pacts cross her desk—and make no mistake about the fact that she will sign them—will essentially end comprehensive manufacturing of quality products in this Country. Ever more struggling small and medium size businesses will cease to exist as the multinational conglomerates squeeze them out of existence.Hillary Clinton will work, quietly, behind the scenes, to make sure TTP and TTIP are actualized. She will do so because Obama seeks to have them implemented. She will sign them because she intends to pursue Obama’s policies if she becomes the next U.S. President. She will sign these trade pacts because they are her trade pacts as well, as she helped draft them. She will sign these trade pacts because the Rothschild family wants to see them implemented. Yet these trade pacts are designed not only to weaken our economy further, harming American labor and small business, but are also designed to weaken our Nation’s laws, our Constitution, our entire legal system, subordinating America’s sovereign interests to another entity entirely—one comprising an interlocking collective of foreign nations and foreign holding companies—a collective, ruled by the Rothschild clan, governed by the clan’s underlings, financial and political technocrats. These technocrats do not consider themselves and are not--in any reasonable sense of the word 'citizen'--citizens of the United States; nor are they--as Obama and Clinton would make Americans--"citizens of the world;" nor do not owe allegiance to any nation. They certainly do not owe their allegiance to the United States. Their allegiance is to the shadow world government, with the Rothschild clan at its head.These foreign intrigues, entangling alliances, liberal immigration policies, and disastrous trade policies, all reflect a trend toward subordination of American interests to the interests of a new amorphous confederation of nations, resulting in the transferring of our wealth, our resources, and even our lives to foreign interests, foreign pursuits, and foreign goals. Obama and Clinton tell us, duplicitously, disingenuously, and hypocritically that America’s sacrifices are necessary because they promote worthy causes. But, what worthy causes are they talking about, and worthy to whom, and for what purpose, and to what end?

PART NINE

HOUSE SPEAKER PAUL RYAN, PRINCIPAL LEADER OF THE REPUBLICAN PARTY, HARMS THE REPUBLICAN PARTY AND HARMS THE NATION BY DENOUNCING TRUMP

Why has House Speaker Paul Ryan, the leader of the Republican Party, spoken out against Trump? Having denounced Trump, he acknowledges his tacit support of Hillary Clinton. He cannot reasonably deny this, much as he may like to.Paul Ryan’s pious pronouncements against Trump are insupportable. They are reprehensible. Trump is guilty of nothing more than braggadocio. That isn’t a crime. But, that simple fact is lost in the noise generated by Clinton’s supporters, enablers, and surrogates, and further fanned by the flame of the machinery of the mainstream media. But, there is, for all the commotion, no basis for concluding that Donald Trump has engaged in prosecutable criminal conduct. Clinton’s supporters, enablers, and surrogates have not demonstrated otherwise because they cannot, much as they would like to.Clinton’s supporters and benefactors have dug deep into Trump’s past, and what they have come up with, ultimately, is merely nothing more than a man’s bravado, based solely on a private discussion between two men, which the mainstream media, to its shame, broadcast to the world. A parade of women, coming out of the woodwork of late, obviously as a result of the release of the private tape and almost certainly at the behest of Clinton’s supporters, hangers-on, and benefactors—alleging sexual assault by Trump—does nothing, in the insinuations, to support an actionable basis for a civil lawsuit, much less a crime.What the American public is witnessing is nothing less than a massive smear campaign, conceptualized and orchestrated by Clinton’s staff and by her benefactors to prop up their puppet and to draw attention away from her own failings, which, on balance, are much more serious, and have been much more harmful to this Country and to Americans than anything that Clinton’s supporters, staff, and benefactors have manufactured or can manufacture against Trump.Whatever one is to make of Donald Trump’s conduct, it pales in significance to that of Hillary Clinton. The F.B.I. was not—is not—interested in investigating Trump for malfeasance, for no allegations are forthcoming that Trump has done anything that would suggest he had harmed the interests of the United States or that he would ever wish to harm the interests of the United States. No one can make any such claim for Hillary Clinton, for she has harmed the United States and she has done so repeatedly and callously through a lengthy period of time. Hillary Clinton has committed crimes, serious crimes against this Country and against the American people. The Arbalest Quarrel has detailed those crimes in several articles. We draw your attention to two in particular: one posted on August 17, 2016, titled, "Pay to Play: The Clinton's Open Secret and Silent Purpose;" and a second on September 26, 2016, titled, "Hillary Clinton: A Flawed Character for Those Who See the U.S. as Flawed."   But the mainstream news media has precious little to say about Clinton’s crimes. Why is that? The mainstream media uses their resources, 24/7, smearing Trump over matters that don’t come close to the misconduct of Hillary Clinton. For, as Secretary of State, Hillary Clinton has endangered the security and well-being of this Nation and her actions have directly or indirectly harmed many Americans, including those that worked under her. One can only wonder at the damage she’d do to this Country as U.S. President, of the damage she is capable of doing to this Country and to American citizens.Curiously, if Hillary Clinton applied for a job with the F.B.I., her application would be denied out-of-hand. She is a security risk. That is plain and irrefutable. Given that simple truth, it defies credulity to believe she can be trusted with our Nation’s secrets—secrets she would have at her disposal as U.S. President.If Hillary Clinton loved our Country and truly had remorse for her past actions, she would not run for political Office. She would realize how shameful it is for her to consider running for any political office, let alone that of the highest Office in the Land.Obviously, Hillary Clinton has no remorse. She is utterly shameless. Clinton disingenuously says of her past criminal conduct that she has made mistakes and that she takes full responsibility for her actions. But what do those assertions even mean? What are the consequences of her criminal behavior? If nothing, then whom is she attempting to flatter with her feigned, half-hearted attempts to appease?  Is Clinton reproaching herself because she is sorry for committing serious crimes, even now that she, apparently, no longer has to fear retribution through criminal indictment on charges of committing federal felonies, thanks to our illustrious Department of Justice that has shirked its responsibility to mete out justice? Or, is Clinton exclaiming her concern over the fact that she has been caught and seeks to avoid the one repercussion of her criminal misconduct she truly fears, loss of the U.S. Presidency that she lusts for?Clinton’s expressions of concern are, like all of her other public pronouncements, nothing more than self-serving, vacuous platitudes. Clinton and the mainstream media know this. Yet, the mainstream media refrains from calling Clinton on the carpet for her empty, disingenuous remarks.

PART TEN

THE MAINSTREAM MEDIA MALIGNS TRUMP’S CHARACTER, BUT IT IS CLINTON’S CHARACTER THAT THE MEDIA SHOULD IMPUGN.

Hillary Clinton is a repugnant individual. Many who support her know this, yet may vote for her anyway because they seek to benefit personally from her position as President of the United States and/or they share the same goals. She is the darling of the abhorrent Rothschild clan.But, Hillary Clinton is also a sociopathic personality. That’s her nature. It is implied in her actions, in her words, in material she would like to suppress, and in material she has suppressed or intentionally destroyed. Hillary Clinton is also temperamental, vindictive, treacherous, duplicitous, and incapable of sympathy or empathy for others. She is subject to angry outbursts and diatribes. She is psychologically unstable and likely suffers from one or more neurological pathologies.Clinton is much like a viper. Yet, one doesn’t hate a viper for being a viper. One understands it is in the nature of a viper to cause harm. That is the essence of its character. So, how do we handle a viper? Well, we do not place a viper in a position where it can do harm. We mind it closely. We look for the possibility it may strike without notice. We contain it. We know its venom can kill.If we can forgive Clinton, it is because she, like a viper, is an inherently flawed character, altogether beyond redemption. But that does not mean or extend to supporting her candidacy. But, what we cannot, must not, forgive are those individuals who enable her. And, the worst of the lot are individuals like Paul Ryan. Republicans, like Paul Ryan, should know better. But they are amoral individuals, proverbial opportunists, more concerned about their personal success, accumulation of personal wealth, political survival, and personal well-being than for the well-being of the Country they are sworn to serve.Because politicians like Paul Ryan are not beyond redemption, they are worthy of our condemnation. We rightfully despise them when they fill the air waves with their false piety. They are hypocrites. They earn our condemnation.The Arbalest Quarrel has said, some time ago, in an article posted on our site, on February 18, 2014, titled, "Truth and Hypocrisy: 'Bill Of Rights' Betrayal." Hypocrisy is the worst behavior. Hypocrisy is, sadly, ubiquitous in politics. It need not be. It should not be. But, it is so.

PART ELEVEN

HOUSE SPEAKER PAUL RYAN TURNS HIS BACK ON DONALD TRUMP AND, IN SO DOING, TURNS HIS BACK ON THE REPUBLICAN PARTY AND ON THE COUNTRY.

In asserting he will no longer campaign for Trump, Paul Ryan has turned his back on the Republican Party and, more, he has turned his back upon the Country. Ryan may not like Donald Trump but Trump is the Party’s candidate for U.S. President. Republicans nominated him. Trump won the right to represent the Party. He fought hard for the nomination, against a large field of well-funded often very bright and, in a couple of cases, brilliant politicians. He did so fairly and squarely. Moreover, Trump singlehandedly raised tens of millions of dollars for the Party. Yet the Party bites the hand that feeds it.Republican Party officials are poor gamesmen. They play to lose, not to win. They should take their cues from the masters of Chess, for politics is like Chess. Chess is a complex game, as is politics. A grand master knows when to sacrifice a lesser piece to gain advantage. A grand master knows he must sacrifice Pawns. But he will also sacrifice Knights, Bishops, and Rooks to gain a tactical advantage.Occasionally, a grand master will even sacrifice his Queen, the most powerful game piece on the board. He will do so to gain strategic advantage, dangerous as that move is. But, neither grandmaster nor novice will sacrifice his King. He cannot. He must not; never. That’s axiomatic. For, once the opposing side knocks out the King, that signals, checkmate: game over.Paul Ryan, a political grandmaster, or seemingly so, should know that, by sacrificing his King—the Republican Party nominee for U.S. President, Donald Trump—he is not placating the opposing side and he is not making his own position secure. Ryan will never be able placate the other side. He should know this, and he has not ensured the security of his own position. Rather, he has simply capitulated. He has thrown in the towel. He has checkmated the Republican Party. He has conceded the game, without a fight.The other side’s King—Hillary Clinton—is safe. Her Party supports her even if many in the Democratic Party base do not. But, unlike the game of Chess that impacts no one but the players, the political game of Chess may have dire ripple effects. If Hillary Clinton secures the Presidency for the Democratic Party, the impact of the Democratic Party victory will have immediate effects on this Country and those effects will not bode well for this Country or its citizenry. The effects will definitely not bode well for this Country or its citizenry.Paul Ryan’s vociferous denouncement of Trump has set in motion the machinery that may allow Hillary Clinton to succeed to the White House. If she does, she will decimate our Country, and much of the blame for that will fall in great measure to the actions of Paul Ryan.The Arbalest Quarrel has predicted the resulting diminution or destruction of the Republican Party if the Republican Party did not stand together. We pointed out what could befall a Party that does not stand together. We discussed this in an article we posted on our site, two years ago, on November 9, 2014, titled, "The Arbalest Quarrel's Take On The Midterm Election Results."  And, on August 22, 2016, in another article posted on our site, titled, "The Opera Won't Be Over 'Till the Fat Lady Sings'--In Federal Court--And The Opera Isn't Over Yet." In that article we mentioned that our fear had come to fruition. The present, multi-series article builds on the previous two articles, setting forth with particularity the catastrophe that will befall the Republican Party and this Nation if Hillary Clinton secures the U.S. Presidency in November. The impact of a disintegrating Republican Party will be seen in the disintegration of our Country as an independent sovereign Nation State.If Hillary Clinton wins the election, she will destroy the Nation. Of that, there is no doubt. The House Speaker may think that a Republican majority in Congress can work with Clinton; can negotiate with her; contain her. Again, he should know better, but does not.Hillary Clinton is incapable of restraint. If Clinton cannot bend Congress to her will, she will make law through Executive fiat. She would use Executive Orders in defiance of Congressional Statute, just as Barack Obama has done, but she will do so even more frequently, with greater fervor, and with greater negative consequences for the American People. Anyone and everyone Clinton appoints to operate the federal bureaucracy she will control with an iron fist.Clinton will only appoint toadies, thousands of them to fill a bloated Government bureaucracy. Clinton’s nominees to the U.S. Supreme Court and to the lower federal Courts will be those who share her philosophy, who agree with her social goals. Justice Scalia’s legacy will be undone.The Arbalest Quarrel has written extensively on the danger posed by Obama’s nominee to the U.S. Supreme Court, Judge Merrick Garland. Garland is someone whom Clinton would support. See our article, dated, March 18, 2016, titled, "Justice: For Or Against The Second Amendment? A Commentary On President Obama’s Nominee For Associate Justice On The U.S. Supreme Court: Judge Merrick Garland.”If Paul Ryan and other House Republicans, along with Senate Republicans, think they only need to maintain Republican majorities in both houses of Congress to contain Hillary Clinton, to contain Congressional Democrats, and to maintain control over the Legislative process—that they are in a better position to do so once they sacrifice Trump—they are sorely mistaken. Such thinking is misguided. Those Congressional Republicans who think their reasoning sound would do well to see a psychiatrist for clinical evaluation. They would do well, too, to see a psychologist for an IQ test, for both their rationality and intelligence are sorely in question.Why do we say this? We say this because Congressional Republicans who denounce Trump have weakened their hand. We explain as you continue reading.

PART TWELVE

CONGRESSIONAL REPUBLICANS WHO FAIL TO SUPPORT TRUMP ARE MAKING A POOR CALCULATION FOR THEMSELVES, FOR THE REPUBLICAN PARTY, AND FOR THIS COUNTRY.

If Congressional Republicans believe they can cede two Branches of Government—the Executive and Judicial Branches—and still maintain control over the Government simply by holding majorities in one Branch of Government, the Legislative Branch—and there is no assurance of that—they are making the poorest of wagers. The payout is low—simply one Branch of Government is secured, when two Branches might have been secured: the Executive and Judicial Branches of Government; and the risk of irreparable damage to this Country is high if they lose the wager: Democrats will then control all three Branches of Government.One comes away thinking, and rightfully so, that Paul Ryan and others like him are merely concerned about holding onto their seats and onto the fringe benefits and perks that go with their lofty position as Congressmen, notwithstanding and regardless of the loss of Republican Party control of the Executive and Judicial Branches of Government. They may think that, by sacrificing Trump, their chances of holding onto their seats are higher even if Democrats ultimately hold more seats in each House of Congress. If so, these Republican Congressmen should lose their Congressional seats. They don’t deserve to retain them.Ryan and other Congressional Republicans presumably know that Clinton has a distorted view of our Country’s history, of its traditions, of its values, and of its culture. She will stamp this Country with her own sociopathic personality if she secures the Office of the Presidency.During the Democratic Party campaign for the U.S. Presidency, up to the present moment, Hillary Clinton has kept a very low profile. But refraining from making public appearances does not mean Clinton has a quiet persona. That is deceptive. If Clinton secures the Office of the U.S. Presidency, heads will roll, and the Country will itself be turned on its head. If House Speaker, Paul Ryan, can’t see this, or if, perhaps, he chooses not to, he should step down as House Speaker.Apparently, Ryan doesn’t care who ultimately secures the U.S. Presidency. For, if Ryan did truly care about safeguarding this Country’s future, he would stand steadfastly with Trump and, in doing so, he would lead other Republicans to do so by his example.Ryan, as Republican House Speaker, would be, and should be, expected to take all possible measures to prevent the very possibility of Hillary Clinton ever winning the White House. By speaking out against Trump, though, Ryan is probably gambling on Clinton winning the election, anyway. But, by speaking out against Trump, that act can become a self-fulfilling prophecy.If Ryan thinks that Clinton has a better chance of winning the Presidency, regardless of what Ryan does, and if he is simply attempting to get into her good graces by speaking out against Trump now, before the votes are counted, that may backfire on him. Moreover, he is acting despicably. Indeed, by speaking out against Trump, Ryan must want Clinton to win. He must count on Clinton winning the election in November. If so, that is even more despicable.But, the notion that Ryan wants Hillary Clinton to win the U.S. Presidential election is the logical inference for one to draw. It is the only rational inference for one to draw. For, Paul Ryan must know that, if Trump wins the election—even if Ryan thinks the possibility of that is remote—Ryan’s relationship with Trump will be acrimonious, bitter, poisonous, probably irreparably damaged. Thus Ryan must assume that, given his negative comments against Trump, he will have a decent relationship with Clinton if she secures the U.S. Presidency. Through negative comments directed at Trump and by refraining from saying anything negative about Clinton—The House Speaker is cautiously, calculatedly sidling up to Clinton. Ryan must be secretly, silently hoping for a Clinton victory, having openly, and clearly, and unabashedly rebuffed Trump.But, if Ryan’s calculations are wrong, and Trump does secure the U.S. Presidency, then Paul Ryan would probably have to forfeit his position as House Speaker. He would obviously lose the position of House Speaker if Democrats obtain a majority. But, Ryan likely would have to forfeit his position as House Speaker even if Republicans maintain control of the House. He would either be forced to forfeit the House Speakership or, at least, he would be encouraged to do so because Trump likely would have little to do with Ryan thereafter.But a Trump Presidency would not bode well for the Clintons either. Circumstances for the Clintons would be substantially worse than what happens to befall Paul Ryan.If Trump secures the Presidency, Hillary Clinton and her wayward husband, Bill, would both likely face federal felony charges. Their lives would be relegated to: one, attempting to preserve for themselves the tens of millions of dollars they made, illicitly, selling out this Country; and, two, working with their legal team, attempting to avoid incarceration in federal prison for tens of years. Each of them can then say, and truly mean it: “I take full responsibility for my actions.” Yes, you do, Bill! Yes, you do, Hillary!

PART THIRTEEN

CONGRESSIONAL REPUBLICANS WHO EXPRESSLY ATTACK TRUMP OR WHO SNUB HIM THROUGH THEIR SILENCE ARE ALL HYPOCRITES.

Congressional Republicans, like the Speaker of the House, Paul Ryan, are quintessential hypocrites, pretending to care about the Party and their Country, but looking out only for themselves. Instead of standing behind the Republican Party nominee for U.S. President, they castigate the nominee. Paul Ryan and other House and Senate Republicans—mostly, if not invariably, the leaders and power brokers, consisting of Party Centrists and Statists—believe, erroneously, that they can maintain Republican majorities in the House and Senate, and that they can protect themselves and the Republican Party, all the while throwing Donald Trump to the wolves. They are wrong. Rank and file Republicans won’t forgive them, nor will millions of other good Americans who will suffer under a Clinton Administration.Paul Ryan and other Centrist, Statist Congressional Republicans fail to understand that the power of the Republican Party would operate most effectively by seating a Republican in the White House. Donald Trump is not a traditional Republican, but that is not necessarily a bad thing. The Republican Party has become ossified. That is evident. Donald Trump brings a fresh outlook to the Party. He holds to conservative values. He would help bring our Nation back to its traditional roots.Those Republicans resigned to having Clinton in the White House demonstrate their own weakness as representatives of the American people and of their particular constituencies. These Legislators cannot lead the Nation through capitulation. They cannot, reasonably, expect the Republican base to support them. They may have signed their own political death warrants. If they wish to commit political suicide, then fine. As individuals, we can tell them, “good riddance.” But, in their position of power it means they have also signed the death warrant of the Party and, worst of all, they have signed the death warrant of the Country. That, however, is altogether unacceptable.This Country cannot suffer, should never be compelled to abide a criminal and sociopath for U.S. President. That is odious and abhorrent.This Country and its citizenry cannot and ought not to suffer a person whose stated policy objectives are destruction of both the Bill of Rights, the undercutting of the security and well-being of the American people, and the undermining of the independence and sovereignty of the United States. Yet, Paul Ryan, and other Republicans of his ilk believe they can somehow preserve the Party and the Nation with Hillary Clinton at the helm. That is patently absurd. Have these Congressional Republicans lost their senses?Conceivably, Centrist Republicans and Statists not only expect Hillary Clinton to win the Presidency, they secretly want her to win. Centrist Republicans and Statists would want Hillary Clinton to win the U.S. Presidential election because they believe Clinton would implement foreign and domestic policies they are actively supportive of or, at least,  definitely amenable to, which the Republican base, clearly, is not, having nominated Donald Trump for U.S. President. If so that suggests an irreparable schism between Centrist Republicans and Statists and the Republican Party base. This idea may not be far-fetched. After all, the Party faithful, the power brokers of the Party, the Centrists and Statists, fully expected Jeb Bush to secure the nomination. Trump was expected to be merely a foil for Bush just as the Democratic Party power brokers fully expected for Bernie Sanders to be a foil for Hillary Clinton. Neither political Party truly appreciated how weak their favorites for nomination really were.Among Republicans, Jeb Bush represents the interests of the Centrists and Statists, the power brokers and Party leaders. Jeb Bush certainly supports the TTP and TTIP—trade agreements that are harmful to the economic well-being of the Party’s base and to the Nation as a whole. Trump actively campaigned against these trade pacts. Jeb Bush, along with the Centrists and Statists of the Party, strongly supports them.Jeb Bush, whom the power brokers of the Party, the Republican Centrists and Statists, had hoped would secure the Party’s nomination, also supports immigration reform. Immigration reform is coded language. Immigration reform means general amnesty for millions of illegal aliens who reside among us--among them members of criminal drug cartels. Those who support immigration reform also support the continuation of open border policies, notwithstanding their assertions to the contrary.To Democrats, immigration reform means votes for their Party. To Republican Centrists and Statists—the power brokers of the Republican Party—immigration reform connotes dirt cheap labor and that inevitably hurts American workers—able craftsmen. So, Jeb Bush supports immigration reform. Jeb Bush represents the interests of the Party's power brokers. Trump and the Republican base do not.Jeb Bush and the power brokers in the Republican Party, the Centrists and Statists, also support continued use of the armed forces for unwinnable wars. That translates into substantial wealth for defense contractors as that, for them, is sufficient to support a purpose for war.Hillary Clinton is in the same camp as the Centrist Republicans and Statists when it comes to use of the military to line the pockets of the defense contractors. Making defense contractors wealthy is not a legitimate use of our armed forces. We should use our armed forces circumspectly. For use of our armed forces inevitably means loss of American lives. We should ask, "is our national security really at risk?" If so, then we consider deploying our armed forces. If the answer is, "no," then we shouldn't.Trump is not reluctant to use America’s armed forces but, he believes, rightfully, we should do so with the intention to win a war or other armed conflict. If there is any doubt about our ability to win a war or other armed conflict or, if our goals are not clear and cannot be made clear, to the American People—and, first and foremost, if our National Security isn’t threatened—then we should not be getting into wars or any other armed conflict.Trump is not a fan of the Big Banks, whom the American public had to bail out and may have to do so yet again. The power brokers in the Republican Party, the Centrists and Statists, are strong supporters of the big banks as is, of course, Hillary Clinton.The disturbing but unavoidable conclusion to draw here is that many of the aims and concerns and desires of the Centrists and Statists of the Republican Party are identical with or, at least, closely aligned to those of the Centrists and Statists of the Democratic Party but are not the aims or concerns of the Republican base. In fact, the policy goals of the Centrists and Statists of both political Parties are all too often detrimental to the well-being and security of our Nation and its citizenry. The average American knows this. Recognizing this, the Republican base, average hard-working law-abiding Americans, have through their support of Trump, made clear that they have had their fill of both the Bush family and of Centrist and Statist Republicans who have operated for many years merely to serve their own narrow interests and feeding, through receipt of tax-payer dollars, their own shallow desires, ignoring entirely the plight of average Americans and demonstrating callous indifference to the well-being of and security of this Nation.The Republican Party has done little to contain and to restrain Obama as he proceeds on his merry escapades. The Republican Party has made clear, through its attack on Trump and overt or covert support of Clinton that it has misused the loyalty of its base, consigning it to Hell. Between Centrist and Statist Republicans and their counterparts in the Democratic Party, there is, then, little to distinguish the two. More, one may remark, how similar they both are to one another.Hillary Clinton represents the interests of the power brokers of both political Parties. She is out of touch with the American public. But the Centrists and Statists of the major political Parties don’t care about any of that. They care only about plodding along same tired road—one that benefits them and their benefactors—the ruthless international globalist power brokers—but harms the Country. The continued independence and sovereignty of our Nation is threatened, the lives of average law-abiding Americans become ever more tenuous, and small business in this Country simply vanishes, becoming but a footnote in economic textbooks.

PART FOURTEEN

TRUMP IS THE ONLY HOPE FOR THE REPUBLICAN PARTY, FOR THE AMERICAN PEOPLE, AND FOR OUR COUNTRY.

Only one thing can save the Republican Party and the Country now, and that is a Trump victory in November. The Republican leadership must support Trump. But, if they think that Trump doesn’t represent the interests of their Party, they should keep in mind that the Party doesn’t belong to them alone even as they have treated it as if it did belong only to them. But, they are wrong. The Party belongs to the millions of Americans who voted them into Office and can, just as easily vote them out of Office. The Republican leaders will be in for a rude awakening if they don't come to their senses and consider the needs of their base and the well-being of the Nation, which take precedence over their own narrow, selfish interests. The Republican Party that seeks to maintain itself as it has existed for many years, simply benefiting a few, and rotting from within, will be left to wither away, as it deserves to.Republican Congressmen must stand behind Trump. In standing steadfastly behind Trump, Congressional Republicans are supporting a free Republic; they are supporting the rights and liberties of the American citizenry under the Constitution; they are supporting our unique history, our culture, our heritage, our morality, and traditional American values; they are protecting the security of our Nation and our citizenry; and they are guaranteeing the preservation of the United States as an independent sovereign Nation. All this goes out the door if Hillary Clinton secures the U.S. Presidency.Do Paul Ryan and other Republican leaders honestly believe they can protect this Nation and its People if Clinton were ensconced in Office? If so, they are deluding themselves. For, once Clinton secures the U.S. Presidency, she will appoint thousands of individuals who will respond to her every wish, her every desire—and none of it will bode well for either this Country or its People. Even if Republicans can maintain majorities in both Houses of Congress—which is highly doubtful absent Party unity—Clinton will pacify Congress. Through her Imperial Presidency and through her control of the entire federal Judiciary, she won’t need to negotiate with a Republican Congress. She will do essentially whatever she wants. She will bypass Congress whenever necessary to do what she pleases.Who in Congress can defy Clinton? Congress has shown its ineptitude in failing to ensure that Clinton would be brought to justice. If Congress fails to control Clinton’s excesses before she secures the U.S. Presidency—and to date Congress has shown incredible cowardice to act—on what logical ground can the public believe Congress will be able to rein Clinton in after she secures the U.S. Presidency?For a person who sees herself above the law and with the means to act with impunity as if she were above the law, and has shown, as we have seen firsthand, that she is, for all intents and purposes, clearly above the law, as the U.S. Department of Justice has shown itself to be powerless to bring her to justice, and as Congress has failed to exert its own power to bring a criminal to justice, who, then, in Congress will be able to constrain Hillary Clinton from committing the worst excesses once she succeeds to the Presidency? If there is none in Congress who will bring Clinton to justice now, before she succeeds to the Office of the U.S. Presidency, why should the public believe Congress will be able to constrain Clinton once she assumes the mantle of the highest Office in the Land?If Politicians have learned anything about any of the Clintons, it is that they have no compunctions about breaking the law. Politicians should know they cannot contain a viper—neither Congressional Democrats, nor Congressional Republicans. Hillary Clinton will rule with force, with impunity. Only a Trump Presidency can prevent a horrific future for our Country.Yet some Republicans, not content simply to drop their support for Trump, have had the gall to call for Donald Trump to give up his bid for the U.S. Presidency. Instead, they should have long ago called for Hillary Clinton to give up her bid for the U.S. Presidency. They could have done so. They should have done so, given substantial evidence of serious criminal misconduct on her part when she served as Secretary of State in the Obama Administration.

PART FIFTEEN

CLINTON CAN STILL BE BROUGHT TO JUSTICE BEFORE THE ELECTION BUT CONGRESSIONAL REPUBLICANS MUST ACT NOW!

House Republicans should have supported the Independent Counsel Reauthorization Act of 2016, introduced by U.S. Congressmen, Michael Turner and Rick Allen. The Independent Counsel Reauthorization Act compels integrity in Government. Had the Act passed, independent Counsel—free of the baggage of the political appointees of the Justice Department, specifically, James Comey and Loretta Lynch—would surely have indicted Hillary Clinton on federal felony charges. Clinton’s bid for the White House would never have come to fruition. It could not.What happened? Why is it we never hear about the Act? Why is the Act suspended in Committee? Why hasn’t the Act come before the full House for discussion, debate, and a Floor vote? The Arbalest Quarrel attempted to ascertain what became of the Independent Counsel Reauthorization Act of 2016 that, if passed, would have mandated integrity in Government. We wrote a letter to the sponsor and co-sponsor of the Act, asking them for an update on the status of the bill. We posted the letter, on August 27, 2016, within an article, titled, "The Foundation of Justice Undone By The Foundation, Clinton." To date, we haven’t heard a word from any member of Congress.It isn’t too late for House Republicans to move on this Act, but time is rapidly running out. They show they can act quickly when they want to. After all, they acted very quickly in denouncing Trump. Those Republicans who have denounced Trump can still redeem themselves. But, will they do so? Do they have the moral courage to stand with the Party, to stand with the American People, to stand with this Nation? Do they have the courage of the founders of our Nation?Trump certainly has shown courage. He stands proudly with our founders. Trump alone has openly expressed the need for a Special Prosecutor to reinvestigate Hillary Clinton’s federal crimes. Is he the only individual with the backbone to insist on integrity in Government? He would demand integrity in Government once he became President. He would make certain that Clinton would be called to account for her crimes against this Nation and against the American people. He would make certain the U.S. Department of Justice is called to account for its failure to indict a high Government official on a multitude of felonies. He would maintain our Nation as one of law and equal justice under our Constitution and system of laws.Donald Trump shows courage, fortitude, his mettle. He shows that, if necessary, he will stand alone to uphold our Constitution and that he will uphold the rule of law even as those in his own Party seem afraid to do so. He shows, by way of his good example, that he definitely has Presidential character. In that regard, he is unlike Hillary Clinton, whom one rarely hears from. She stands well back in the herd of her benefactors, campaign officials, and image makers. Everything she does and says is carefully orchestrated and choreographed. What the public sees—what the public is allowed to see of her is nothing more than a façade, a mask, an illusion. She is Medusa. Her character is poisonous. Once in Office, her true capacity for unleashing a Hell in this Country and on this Earth will be readily apparent. At that point, though, it will be too late—much too late—for Americans to do anything about her.So, Republicans must act with haste. They must act now on the Independent Counsel Reauthorization Act of 2016.With passage of the Act even at this late date independent counsel could reinvestigate Clinton’s criminal misconduct, bypassing the corrupt or compromised Department of Justice. Independent counsel would have authority to indict Clinton on federal criminal charges. She would have to step down. Why hasn’t Congress acted?Trump’s failings pale compared to the irresponsible, shameful, duplicitous, illegal, treacherous activities of Hillary Clinton. The mainstream media, in shameful misuse of the power of the Press under the First Amendment, manipulates public opinion. It endorses Clinton, a flawed character, who has exhibited ineptitude and lack of acumen in her Cabinet level position as Secretary of State and who has conducted herself shamefully, criminally. The Press either shamefully ignores this clear and irrefutable fact or more shamefully defends and praises Clinton’s abominable record and conduct. The Press then unabashedly, heatedly goes after Trump with all the tact and subtlety, and with all the respectfulness and thoughtfulness of a dog chowing down on and devouring a hunk of meat. But, having no legitimate basis to attack Trump on logical, rational grounds, as Trump can and would represent the interests of this Nation adeptly, the mainstream media resorts to trickery—inflating innocuous events beyond sensible bounds and spreading scandalous lies and rumors—doing this to inflame public opinion against Trump, appealing to the public’s emotion rather than to its intellect.The mainstream media is intellectually dishonest, and Congressional Republicans are irresponsibly falling for the nonsense spouted by a disreputable Press. They are allowing themselves to be played for fools, and it’s the Republican Party and worse, this Nation and its citizenry that will suffer for the lack of courage of the Republicans to act.If a catastrophe is to be avoided, Congressional Republicans better get their own act together and they better do so quickly. If they do not, they would do well to realize that, if Donald Trump loses the election, he won’t go down alone. The Republicans will likely lose the House and the Senate.

PART SIXTEEN

REPUBLICANS SACRIFICE THEIR NOMINEE FOR U.S. PRESIDENT TO THEIR PERIL AND SHAME.

By willingly, unconscionably, duplicitously, irrationally sacrificing the Republican Party’s leader, its “King” (Trump), there is no win and no draw for Congressional Republicans in this political rendition of the game of Chess. The Democrats have no wish to sacrifice their “King” (Clinton), although having a criminal as their nominee brings disgrace to the entire Party. But, they don’t care. They know that, if Democrats control the Executive Branch of Government, they also control the Judicial Branch, because Clinton’s U.S. Supreme Court nominee—a nominee that Congress, at some point, will have to confirm—will give the liberal wing of the U.S. Supreme Court, a fifth vote—a majority. The Senate Judiciary Committee cannot hold off the confirmation process indefinitely.Yes, there is nothing in the Constitution mandating that any set number of Justices sit on the U.S. Supreme Court. But, if Hillary Clinton secures the U.S. Presidency, the full brunt of her Office and of the mainstream media will come to bear to compel the Senate Judiciary Committee to hold a Confirmation Hearing on her nominees. Once the Senate Judiciary Committee does hold a Confirmation Hearing, it is inevitable that one of Clinton’s nominees, be it Obama’s nominee, Judge Merrick Garland, or, otherwise, someone like him, will be confirmed sooner or later—probably sooner—as the ninth U.S. Supreme Court Justice. That ninth seat will give the liberal wing of the High Court the majority it needs to transform society into that image Hillary Clinton sees and ordains for it.Among the first couple of cases to be overturned—probably the first couple of cases ever to be overturned within just a few years of their precedential holdings—will be the seminal Second Amendment Heller and McDonald cases: District of Columbia vs. Heller, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008); and, McDonald vs. City of Chicago, 130 S. Ct. 320, 177 L. Ed.2d 894, 2010 U.S. LEXIS 5523 (2010).  The decisions of the high Court’s liberal wing will influence the outcome of critical cases and, so, change the makeup of our Nation’s culture for decades. Democrats may also control one or both Houses of Congress. In that event, Democrats will have won the Grand Trifecta.

CONCLUSION

Democrats know without doubt the Republican Party is in disarray and the Republicans have done nothing to suggest to Democrats otherwise. The Republican Party has done nothing to demonstrate to Democrats and to this Nation, that the Republican Party is united. The Party has ceded the political Chess game to them.The ceding of the U.S. Presidential election, the capitulation of the Republican Party to its opponent, before the voting even takes place, is unprecedented and unforgivable. The Republican Party is, at this juncture, at this critical moment in our Nation’s history, with the U.S. Presidential Election just around the corner, vanquished, thanks, in no small part, to the actions of Paul Ryan and other Republicans who have behaved like him.The vanquishing of the Republican Party is bad enough surely. But, we Americans will have lost our Country, and that will be infinitely worse. There will be no return match for House and Senate Republicans. There can’t be. It will be much too late for that; for them and for us.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE ARSENAL OF DESTRUCTION: OBAMA SAYS ILLEGAL IMMIGRANTS CAN STAY IN AMERICA BECAUSE IT’S THE RIGHT THING TO DO? BUT, IS IT?

PART 2: EXECUTIVE BRANCH OVERREACH/USURPATION OF THE LEGISLATIVE FUNCTION BY THE UNITED STATES PRESIDENT IN CLEAR DEFIANCE OF THE SEPARATION OF POWERS DOCTRINE SET FORTH IN AND THE MAINSTAY OF THE U.S. CONSTITUTION.

SUBPART 3: THE OFFICE OF LEGAL COUNSEL’S OPINION ON ILLEGAL IMMIGRATION

SUB-SUBPART 1: OBAMA SAYS ILLEGAL IMMIGRANTS CAN STAY IN AMERICA BECAUSE IT’S THE RIGHT THING FOR AMERICA TO DO? BUT, IS IT?

Lost in the chorus of sloganeering over immigration is any discussion of the legality of Obama’s executive order, granting amnesty to 5 million illegal immigrants. Obama claims that a legal basis for his executive order exists. But what is it? Does Obama tell us? Curiously, when Obama talks, he glosses quickly over critical points he doesn’t want the public to focus on. And that’s true of his intention to give amnesty to millions of illegal aliens.Obama happened to mention, in passing, that the Office of Legal Counsel told him he has the legal authority to unilaterally grant amnesty to millions of illegal immigrants. And the mainstream media (MSM), quick to echo the President’s sentiments, is slow to question the accuracy of the President’s assertions and the sincerity of his motives. The MSM simply takes Obama at his word. In so doing, the MSM becomes merely a toady for the President, and, as such, utterly fails to serve the public interest. Neither Obama nor the mainstream media troubles to tell the American People what the Office of Legal Counsel actually said. Obama, an attorney himself and purported Constitutional law expert doesn’t want to talk about the law. Rather, Obama talks incessantly about morality. Obama says granting amnesty to millions of illegal aliens is the right thing to do. Some Americans might disagree with Obama’s notions of morality. But, whether you agree with Obama’s brand of morality or not is beside the point. What we are concerned with here is law, not one person’s notions of morality.So, let us consider what the Office of Legal Counsel actually says. Let us consider the purported legal authority of the Chief Executive to grant amnesty to millions of illegal aliens.We begin with a simple truth: letting millions of people remain in this Country because it would be nice for us to do so – individuals, who had no business being in this Country in the first place – isn’t a tenable basis for letting them remain here.Keep in mind, at the outset of this discussion and analysis, three critical points.The first critical point is that the opinion of the Office of Legal Counsel is just that: an opinion. The opinion does not have the force of law because the opinion is not handed down by a court of law after an adversarial proceeding. Still, the opinion by the Office of Legal Counsel has more import than dubious, simplistic, bombastic, moralistic pronouncements by Obama.  For, the opinion sets the stage for the Chief Executive’s arguments in Court in the event Republicans in Congress ever demonstrate the courage to throw down the gauntlet. At the moment Congressional Republicans are merely huffing and puffing smoke. And Obama suspects Congressional Republicans don’t have the backbone to challenge him on illegal immigration.The second critical point is that our Founders gave considerable thought  to the matter of naturalization and understood the singular importance of it by explicitly referring to it in Article I, Section 8, Clause 4 of the U.S. Constitution. The Founders made clear that Congress, alone, has the power to create rules for naturalization. No other Branch of Government has such power. Yet Obama seeks to assume that power unto himself, as Chief Executive.The third critical point is this: the laws our Nation adopts for those who are to become citizens have a decisive impact on what this Nation is; what this Nation may become; how successful this Nation shall be. We ignore our own laws at our peril. And, we undermine the strength of our citizenry by admitting, ultimately, as new citizens of our Nation, the worst among people – those who would dare to cross our borders illegally. For how can such people claim to be law-abiding, honorable individuals, who break the first of our laws, crossing our borders illegally – and then daring to claim what they are not: responsible individuals, respectful of our Nation’s laws – those who come to this Nation under cloak of darkness -- their very presence here, a lie?  The opinion of the Office of Legal Counsel is extraordinarily long and detailed. The person who drafted the report, Karl R. Thompson, Principal Deputy Assistant Attorney General, talks about a lot of things, but one thing he doesn’t talk about is morality. There isn’t one word about it in the entire length and breadth of the report. And that makes sense. That is as it should be. For, the issue of amnesty raises a legal issue, not a moral one. So, Obama’s rhetorical utterances to the Public are irrelevant. What is relevant – the only thing that is relevant – is whether Obama has the legal authority to grant amnesty to millions of illegal aliens. Once again, the Constitution certainly doesn’t give him that power. That power resides only with Congress.Now, the Office of Legal Counsel doesn’t suggest that the authority to enact laws governing naturalization and citizenship reside in the Office of the Chief Executive. Clearly, it does not. Rather, what the Office of Legal Counsel seems to opine, at least according to Obama’s terse and tacit assertion about it, is that Obama’s executive action, granting amnesty to millions of illegal aliens, does not rise to the level of law-making. For, if it did, Obama’s action would definitely lie beyond his authority as Chief Executive. But, if Obama’s executive action is no more than an exercise of administrative discretion, then such action would fall within his legal purview. So, which is it? On scrutiny of the opinion, the Office of Legal Counsel actually equivocates on this very point. But Obama goes his merry way, claiming his power to act unilaterally on illegal immigration, in the bold unprecedented manner he wants and does, is clear and unequivocal. And there's the rub. Obama is dead wrong. And that, perhaps, explains why Obama says next to nothing about the law to the American public and all too much about morality.Obama is less a competent leader of a nation and more an able stage magician. He deliberately, cleverly, and perniciously, directs the public's attention away from what is important, namely the laws of immigration and a Chief Executive's duties under the U.S.  Constitution, and toward something totally irrelevant, an odd sermon on morality as he or his enablers define it. Thus, he completes his conjuring trick.Let’s take a look at the opinion of the Office of Legal Counsel.Two specific questions are raised: (1) whether, given limited resources, it is legally permissible for the President to prioritize the illegal aliens the DHS first gets rid of; and (2) whether it is permissible for DHS to give temporary relief from removal to certain illegal aliens who are the parents of children who are present in the U.S.  Those are the two questions that Obama asked the Office of Legal Counsel to answer. Those are the only questions that Obama asked the Office of Legal Counsel to answer. But what were Counsel’s  answers?In providing answers to the President, the Office of Legal Counsel first looked at the impetus for the questions.  The Office acknowledged that 11.3 million illegal aliens have taken up residence in this Country and that the DHS only has resources sufficient to remove 400,000 of them each year. So, in the absence of additional resources DHS has to prioritize what illegal aliens it rids the Country of. And the legal questions, especially, the first one, go to the issue of prioritization.The President asks the Office whether he can decide, irrespective of Congress, who among the illegal aliens can stay here, at least for a while, although, in fact, indefinitely, and who among them must be removed immediately. The crux of the first issue is: how far does Executive discretion extend? We will explore this question in depth in the next installment. In a subsequent post we will deal with the second of the two questions, pertaining to temporary relief for a specific class of illegal aliens.One further point to ponder:In dealing with immigration here, understand, no one is seriously contesting the propriety of immigration proper. After all, we are a Nation of immigrants. What we are looking at here is whether people who entered our Country illegally, with impunity, should be forgiven their transgression, and allowed to remain. In the context of the desire of millions of illegal immigrants to remain this Country, we must remember that many millions of individuals throughout the world desire to become American citizens. And the vast majority of those wishing to become American citizens do respect our laws. They wait their turn. They wait patiently to become citizens in accordance with the laws of naturalization Congress has enacted.To give preference to those who disrespect our laws is to denigrate those who respect and honor our laws. To give preference to those who disrespect our laws is, as well, to undercut the rule of law. It is to denigrate our parents and grandparents and great grandparents – individuals who came to this Country through legal channels; individuals who sought to learn the English language; individuals who sought to adopt American culture, and customs, and traditions, rather than to force America to adopt theirs. Those who come to our shores in the dark of night, rather than in the light of day, do not concern themselves about our laws, our culture, our customs, our traditions, our history, our language. Is that not all too obvious?[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2015 Roger J Katz (Towne Criour) and Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE ARSENAL OF DESTRUCTION: OBAMA GRANTS AMNESTY FOR MILLIONS OF ILLEGAL IMMIGRANTS. WILL HE GRANT THEM FULL CITIZENSHIP TOMORROW?

PART 2: EXECUTIVE BRANCH OVERREACH/USURPATION OF THE LEGISLATIVE FUNCTION BY THE UNITED STATES PRESIDENT IN CLEAR DEFIANCE OF THE SEPARATION OF POWERS DOCTRINE SET FORTH IN AND THE MAINSTAY OF THE U.S. CONSTITUTION.

SUBPART 2: PRESIDENT OBAMA GRANTS AMNESTY FOR MILLIONS OF ILLEGAL IMMIGRANTS TODAY; WILL HE GRANT THEM FULL CITIZENSHIP TOMORROW?

HEAD OF THE DEPARTMENT OF HOMELAND SECURITY CALLED TO TESTIFY BEFORE HOUSE HOMELAND SECURITY COMMITTEE

On Tuesday, December 2, 2014, Jeh Charles Johnson, Secretary of DHS, testified before the House Homeland Security Committee. What prompted the Congressional Hearing is well known. President Obama had unilaterally granted amnesty to millions of illegal immigrants. He had threatened to do so, after the 2014 midterm elections. And immediately following the midterm elections, Obama did in fact order DHS to suspend deportation proceedings on 5 million illegal immigrants on U.S. soil. In so doing, he has acted contrary to the will of Congress. Congressional Republicans insist that Obama explain his actions.Over 11 million illegal immigrants currently reside in the U.S. Potentially all of these illegal immigrants are subject to deportation, pursuant to present immigration law. The Department of Homeland Security (DHS) is tasked with their removal. Yet, President Obama has called for an immediate halt to deportation of roughly half of them.At Tuesday’s Hearing, Representative Michael McCall, R-Texas, Chairman of the House Committee on Homeland Security, expressed outrage at the Obama Administration’s actions that effectively bypass Congress. Upon calling the Committee Meeting to Order McCall wasted no time asserting that the President’s actions “undermine our Constitution and threaten our Democracy.”Representative Bill Keating, D-Massachusetts, asked Secretary Johnson, pointedly, whether the President’s actions amount to granting amnesty for millions of illegal immigrants? Johnson replied that the current situation does amount to amnesty.But, what does ‘amnesty’ mean? Black’s Law Dictionary (Ninth Edition), defines ‘amnesty’ as “a pardon extended by the government to a group or class of persons, usually for a political offense; the act of a sovereign power officially forgiving certain classes of persons who are subject to trial but have not been convicted.” Black’s Law Dictionary (Ninth Edition) also says that, “unlike an ordinary pardon, amnesty is usually addressed to crimes against State authority – that is, to political offenses with respect to which forgiveness is deemed more expedient for the public welfare than prosecution and punishment. Amnesty is usually general, addressed to classes or even communities.” The President, not Congress, has granted amnesty to literally millions of illegal immigrants. Congress can do so. The President cannot. See previous Article on immigration. The President does so anyway. The unstated basis for the President’s unilateral action is expediency and public welfare. But, illegally crossing U.S. borders in the first instance or re-entering the U.S.  illegally, once again, after deportation, are both criminal offenses under present U.S. immigration law.Moreover, we may rightly ask whether presumed “expediency” is a sound basis for the President’s actions when such actions disrupt the rule of law and undercut the U.S. Constitution. And we may well ask whose public welfare the President has in mind by granting amnesty. Is he not less concerned for the welfare of American citizens and more concerned for the welfare of millions of immigrants who crossed our Nation’s borders illegally in obvious defiance of our Nation’s immigration laws? It would seem so!

DOES THE PRESIDENT’S GRANT OF AMNESTY TO FIVE MILLION ILLEGAL IMMIGRANTS CONFER CITIZENSHIP ON THOSE FIVE MILLION ILLEGAL IMMIGRANTS?

This question is singularly important and has been given scant, if any, attention in the face of the President’s grant of amnesty. But, the American public should consider the ramifications of the President's grant of amnesty to millions of illegal immigrants. For, where amnesty is awarded to those so undeserving of it, will they not flex their muscles and, in the future, request – indeed, at some point demand – full citizenship, with all that the word, ‘citizenship’ entails?To be sure, granting amnesty does not ipso facto confer citizenship. But, might not the President’s actions operate as a step toward full citizenship for these five million illegal immigrants? Is that not the tacit assumption behind the President’s unilateral actions?

WHO IS A CITIZEN?

To understand who is a citizen we must first get a handle on what the word ‘citizen’ means? Once again, let us turn to the legal definition of ‘citizen.’ Black’s Law Dictionary (Ninth Edition) defines the word ‘citizen’ as “a person who, by either birth or naturalization, is a member of a political community, owing allegiance to the political community and being entitled to enjoy all its civil rights and protections.”The paramount question before us, aside from the obvious pertinent ones -- directed to the purported legal basis for the President's actions, granting amnesty to millions of illegal immigrants, and the political rationale for granting amnesty to so many individuals who crossed our borders illegally, in contradistinction to the laws of naturalization enacted by Congress -- is whether the President’s unilateral actions create a defacto class of citizens. What we need to ask is: what legal rights will accrue to these five million illegal immigrants through the President’s unprecedented act of amnesty? And, having arrived here illegally, we may also wish to consider to whom these people owe their allegiance? Do they owe allegiance to the U.S. or to their native Countries? And, if they are not at present entitled to all the rights and protections of bona fide American citizens, what rights and protections, if any, are they entitled to? And, if they are in fact entitled to the same rights and protections as those enjoyed by American citizens, are they not, then, essentially American citizens?Even if the President denies he has created or intends to create a quasi-class of citizens through the grant of amnesty to five million illegal immigrants, might not these five million illegal immigrants sue for full rights and protections somewhere down the road if they do not in fact enjoy all rights and protections under the U.S. Constitution by virtue of the President’s grant of amnesty to them?Can we not imagine a slew of civil rights lawsuits filed by, or on behalf of, these five million illegal immigrants at some point in the future? Would these illegal immigrants not claim that their rights under the Constitution must be met? As incongruous as that may sound at the moment, we should reflect on the true implications of the President’s unsound actions in granting amnesty to millions of illegal immigrants.

WHAT LIES IN STORE FOR AMERICANS?

Clearly, the President’s actions have opened a Pandora’s Box of troubles for Americans. Whatever complications exist over the mere presence of millions of illegal immigrants in this Country, such complications pale in comparison to what lies ahead for Americans as a result of Obama’s unlawful actions granting amnesty to five million illegal immigrants in the first place.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2014 Roger J Katz (Towne Criour) and Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE ARSENAL OF DESTRUCTION: USURPATION OF THE POWERS OF CONGRESS; OBAMA REWRITES IMMIGRATION LAW

PART 2: EXECUTIVE BRANCH OVERREACH/USURPATION OF THE LEGISLATIVE FUNCTION BY THE UNITED STATES PRESIDENT IN CLEAR DEFIANCE OF THE SEPARATION OF POWERS DOCTRINE SET FORTH IN AND THE MAINSTAY OF THE U.S. CONSTITUTION.

SUBPART 1: OBAMA REWRITES IMMIGRATION LAW

WHAT ARE THE POWERS OF CONGRESS?

Article 1, Section 1 of the U.S. Constitution sets forth clearly, concisely and categorically: “all legislative Powers . . . shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Among those legislative Powers, Article 1, Section 8 says, “the Congress shall have Power to establish . . . a uniform rule of Naturalization.”  The term ‘naturalization’ means ‘immigration’ and the power to regulate immigration implies the power to vest citizenship in a person. This means that Congress has authority to enact federal legislation establishing the rules for naturalization and the rules for conferring citizenship. But, does this mean the President also has power to establish a uniform rule of Naturalization?Unless specific language in the Constitution says otherwise, we must infer that Congress alone has control over immigration and the conferring of citizenship. And the Constitution does not confer control over immigration and the conferring of citizenship on any Branch of Government, other than the Legislative Branch: Congress. So, then,

WHAT ARE THE POWERS OF THE PRESIDENT?

Article 2, Section 1 says, “The executive Power shall be vested in a President of the United States of America.” Article 2, Section 3 mandates that the President “shall take Care that the Laws be faithfully executed. . . .” This means that the President has the singular duty to make sure the laws of Congress are adhered to. Nothing in Article 2 of the U.S. Constitution suggests the President shall share law making functions with Congress. Yet, President Obama says he can do this.We must assume that President Obama, a Harvard Law School graduate and Constitutional Law Professor, has a firm grasp of the Constitution of the United States. He must know that Congress, alone, and not the President, has power to establish a uniform law of Naturalization. Yet Obama in defiance of Congress has granted, through Executive fiat, amnesty for five million illegal aliens. By that act Obama has usurped a Power that resides solely in Congress. Does that usurpation of power constitute an impeachable offense? Article 2, Section 4 makes clear that, “the President . . . shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Executive Office usurpation of the Powers of Congress certainly falls into the domain of impeachable offenses.

THE COSTS OF ILLEGAL IMMIGRATION

Contrary to Obama’s remarks about the purported benefits illegal immigrants bring to this Country, the cost to Americans is astronomical. “By some estimates, illegal immigration costs the United States $45 billion a year. Not only does society bear the financial costs of illegal immigration, but it is also burdened with the loss of jobs and a decrease in the average household income. The labor market is more than willing to hire illegal immigrants under the table to avoid paying American workers a higher wage. Many illegal immigrants, in turn, accept payment below the federal minimum wage. Consequently, American workers are forced out of their jobs and are unable to locate jobs elsewhere because the only jobs they are qualified for are being taken by illegal immigrants.” “NOTE: Taking Back the Power: Federal vs. State Regulation On Postsecondary Education Benefits For Illegal Immigrants," Rebecca Ness Rhymer,” 44 Washburn L.J. 603 (Spring, 2005).Moreover, most Americans oppose amnesty for undocumented workers. “Americans also feel the financial burden of illegal immigration in other areas, such as social security, criminal justice programs, housing, public education, and health care. With illegal immigration posing a threat to workers and their families, it is understandable that two-thirds of Americans oppose measures designed to make it easier for illegal immigrants to cross the borders in hopes of securing United States citizenship. In 1986, the federal government, intending to curb illegal immigration, implemented a program which granted amnesty to illegal immigrants already within United States borders and increased measures to block further illegal entry. The program sanctioned employers whose hiring of illegal immigrants spread the use of ‘forgery-proof’ residency documents. After 3.1 million illegal immigrants received amnesty, subsequent measures to enforce the program failed. The result did little to curb illegal immigration.” Id.Notwithstanding Americans’ opposition to amnesty programs for illegal immigrants, and notwithstanding the lack of Congressional authorization to give amnesty to illegal immigrants, and notwithstanding the failure of past Congressional amnesty programs, Obama has, nonetheless, decided, unilaterally, and contrary to the authority of the Chief Executive to do so under our Constitution, to give amnesty to millions of these people anyway.

HOW OBAMA HAS REWRITTEN THE UNIFORM LAWS OF NATURALIZATION AND VESTING OF CITIZENSHIP

To understand how Obama has rewritten the uniform laws of naturalization and the vesting of citizenship we need to look at a couple of the Naturalization laws that Congress has enacted in prior years.The idea of granting amnesty to illegal immigrants is nothing new, but Congress alone has authority to grant amnesty to illegal immigrants if it chooses to do so, not the President. While naturalization programs go back to the dawn of the Republic, Congress has most recently experimented with amnesty during the last quarter of the Twentieth Century. This was a time – continuing to the present moment – when millions of aliens have crossed and are continuing to cross the Nation’s borders illegally. Amnesty for illegal aliens took the form of providing temporary asylum for some illegal aliens. The program failed miserably as it simply encouraged rather than discouraged ever more illegal entry into the Country.  So, subsequent acts of Congress were directed to denying amnesty to undocumented aliens.Let’s take a look at the two most recent immigration programs.The first such fairly modern program was the Immigration Reform and Control Act of 1986 (IRCA). This Act did in fact grant temporary amnesty to certain qualifying illegal immigrants, did in fact grant permanent residency for certain qualifying agricultural workers, and did impose legal penalties on employers who hired undocumented workers. The program also funded border patrol in the hope of preventing more undocumented workers from venturing onto U.S. soil. See, generally, “Comment: Economic Effects of Immigration: Avoiding Past Mistakes and Preparing for the Future,” 14 Scholar 869 Natalya Shatniy (2012). IRCA failed because the INS was unable to satisfactorily enforce the Act. Id.See also, “NOTE: The Political Discourse of Amnesty in Immigration Policy,” Bryn Siegel, 41 Akron L.R. (2008). “IRCA is widely recognized as a failed attempt to regulate undocumented immigration. The failure of IRCA to control illegal immigration now stands as the central hurdle in any campaign for a legalization statute.  Known commonly as the ‘first amnesty,’ IRCA has a pervasive legacy. Following IRCA, illegal immigration continued to rise and many undocumented immigrants in the United States remained without legal status when the opportunity to apply expired.  The critical failure of IRCA in terms of inspiring sympathetic supporters was the relative ease of the legalization process.”So, Congress decided to end leniency toward illegal aliens.Congress enacted a new immigration program: the “Immigration Reform and Immigrant Responsibility Act of 1996” (IIRIRA). Congress enacted the 1996 program, IIRIRA, to correct problems inherent in the Act of 1986, IRCA. The new program, IIRIRA, imposed stricter penalties on immigrants remaining in the U.S. after expiration of their authorized period of stay. And the 1996 Act restricted deportees from reentering the U.S. for several years after deportation. Id. The stricter penalties were designed to discourage unauthorized immigration. “Comment: Economic Effects of Immigration: Avoiding Past Mistakes and Preparing for the Future,” 14 Scholar 869 Natalya Shatniy (2012).The 1996 IIRIRA program, together with The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), “imposed a number of restrictions on illegal immigrants’ in the United States. Specifically, Congress created this legislation to reduce the increasing availability of public benefits to illegal immigrants, which serve as incentives for keeping their illegal status.  Not only did the PRWORA and the IIRIRA restrict illegal immigrants’ access to federal public benefits, such as social security and health care, but they also restricted access to state and local benefits, including the limitation on eligibility for preferential treatment for higher education purposes.” “NOTE: Taking Back the Power: Federal vs. State Regulation on Postsecondary Education Benefits for Illegal Immigrants,” Rebecca Ness Rhymer, 44 Washburn L.J. 603 (Spring, 2005).

UNDER PRESENT LAW HOW MAY A PERSON BECOME A U.S. CITIZEN?

“There are currently four ways to become a naturalized U.S. citizen: (1) permanent U.S. residency for five years, (2) permanent U.S. residency for three years and a spouse who is a U.S. citizen, (3) serving in the U.S. Armed Forces, or (4) being a child of a U.S. citizen. The majority of immigrants become a naturalized U.S. citizen through permanent residence by obtaining a "Green Card." A Green Card can be obtained through family, employment, asylee or refugee status, and other special programs that apply to a very small class of immigrants. In order to obtain a Green Card, you must first acquire a visa in order to enter the United States. In 2010, there were 482,052 immigrant visas issued.” See, “Comment: Economic Effects of Immigration: Avoiding Past Mistakes and Preparing for the Future,” 14 Scholar 869 Natalya Shatniy (2012).Under present immigration law, enacted by Congress, amnesty for illegal immigrants doesn't exist. A person who enters the U.S. in the hope of becoming a U.S. citizen must first obtain a visa. Id. That means a person must enter the U.S. legally. Visas are not issued to individuals who cross a U.S. border illegally.

WE HEAR SO MUCH ABOUT THE “DREAM ACT.” DOESN’T THE “DREAM ACT” PROVIDE AMNESTY FOR UNDOCUMENTED ALIENS?

The answer is, “no,” because it was never enacted. The Development, Relief, and Education for Alien Minors of 2010 (DREAM ACT) which is trumped up in the news – “a law that would have provided a path to citizenship for young undocumented immigrants living in the United States who succeed academically and/or through service in the United States military” – failed. See “The State of the Ordinary Family: A Symposium: Article: The Impact of Recessionary Politics on Latino-American and Immigrant Families: SCHIP Success and DREAM Act Failure," Mariela Oliveras, 55 How. L.J. 359 (Winter, 2012).The Development, Relief, and Education for Alien Minors of 2010 (DREAM Act) might be considered a revamped Immigration Reform and Control Act of 1986 (IRCA) that had failed decades ago. Democrats in Congress pushed for it. Understandably, Congressional Republicans pushed back. As IRCA had failed abysmally, Congressional Republicans, justifiably, saw nothing to warrant resurrecting it in the form of the so-called "DREAM Act."

THE FAILURE OF CONGRESS TO ENACT THE “DREAM ACT” PROVIDED THE IMPETUS FOR OBAMA TO UNILATERALLY GRANT AMNESTY TO MILLIONS OF ILLEGAL ALIENS.

Frustrated that Congress wouldn’t enact the DREAM Act, Obama decided to take action without Congress -- threatening to do so only after the Midterm elections, hoping that Democrats would retain control of the U.S. Senate. That didn't happen. Realizing that the Dream Act -- or some form of it -- wouldn't be enacted anytime soon, if ever, Obama decided to act on his threat.Curiously, Obama previously admitted, correctly, that he cannot legislate where Congress fails to do so. He now argues, inconsistently, that Executive amnesty for millions of undocumented aliens falls within his purview as Chief Executive. Supporters of Obama’s action may call it “administrative expediency.” But Obama’s action amounts to an Executive Order of clemency for millions of undocumented aliens who should be deported. In effect the Order is an unlawful legislative act on the part of the Executive. It is not a legitimate administrative action. Rather, Obama's Order is designed to thwart immigration law.What Obama’s immigration Order says is that illegal immigrants won’t be deported if they don’t pose a threat to national security, public safety or border security. What Obama's immigration Order means is that immigration officials are prohibited from doing their job -- deporting illegal aliens. Obama believes that he has the legal authority to do this because immigration officials work for the Executive, not Congress, and because he believes that telling immigration officials not to do their job, deporting illegals, is somehow different than telling Congress straightforwardly that he won't faithfully execute immigration law -- that he won't, then, give any thought to the intent of Congress.

HOW DOES DEPORTATION OF ALIENS WORK AND IN WHAT MANNER DOES OBAMA BELIEVE HE CAN LEGALLY OVERRIDE CONGRESSIONAL AUTHORITY?

Obama believes he can legally get around what, to his mind, is an uncooperative Congress. Obama argues he isn't willfully disobeying Congressional authority because his immigration order only goes to the matter of deportation, not amnesty. And deportation authority, unlike the matter of granting amnesty to millions of illegal immigrants, is an Executive function. So Obama is trying to make the case that he isn’t really giving amnesty to millions of illegal immigrants at all. He is simply not enforcing deportation. Indeed, “the most common form of protection {for illegal immigrants} has been the non-enforcement of deportation rather than the grant of a specific temporary status.” See, "ARTICLE: Temporary Protection: Towards a New Regional and Domestic Framework," Susan Martin, Andy Schoenholtz, and Deborah Waller Meyers 12 Geo. Immigration L.J. 543 (Summer, 1998).This is just equivocation. Whether Obama, on his own, were actively to bestow amnesty on millions of illegal immigrants (in effect, wrongly invoking Executive clemency for illegal immigrants by implicitly rewriting present immigration law) or simply were to order his  immigration officials to refrain from enforcing deportation rules, Obama is telling illegal immigrants that they can stay in the United States. In fact Obama has ordered immigration officials to stop deporting millions of illegal immigrants whom Congress has dictated, through present immigration law, must be deported. Obama is thus telling millions of illegal immigrants that  they need not fear deportation because immigration officials will not deport them, as immigration officials have been ordered by Obama not to deport them. However one chooses to describe Obama's action here, Obama has clearly thwarted the will of Congress. That is obviously Obama's intention and that is certainly what he has done. That will certainly make millions of illegal immigrants happy. But whom does Obama, as President of the United States, represent: illegal immigrants or bona fide American citizens? And, whose welfare is Obama, as President of the United States, supposed to be concerned with: the welfare of illegal immigrants or the welfare of bona fide American citizens? It appears that Obama is concerned more for the welfare of  people who ought not remain in this Country, who should never have come to the Country in the manner they did -- in defiance of our laws, exhibiting contempt for our People -- and he seems concerned less for the welfare of bona fide American citizens. Illegal immigrants are not honest, law-abiding people. Their very presence here is a testament to their disrespect for our laws, our culture, our citizenry. Obama caters to that!Moreover, through his actions, Obama hasn't merely condoned illegal immigration, he has actively encouraged it. And he is inviting more of the same.Americans will see millions of illegal immigrants flooding across our borders in the future, many more from Mexico, from Countries of Central America, from Countries of South America, and from Countries around the world. This is just what Congress -- Congressional Republicans at least -- sought to prevent enactment of IIRIRA in 1996.Obama's action undermines America's immigration laws and constitutes a direct challenge to the authority and power of Congress, under the U.S. Constitution, to establish the rules of Naturalization and Citizenship for all Americans. And, what does Obama's action say to foreigners who have waited for years to become American citizens, through proper legal channels, through adherence to the rule of law? What does Obama's action say to the  millions of Americans whose grandparents and great grandparents came to this Country legally through Ellis Island? How much respect can a person have for a Country's rule of law when that person has already broken the Laws of the Land through illegal entry into this Country? Such a person doesn't care. And Obama doesn't care either.Obama says his policy will not prevent the deportation of  "criminals." That is an incongruous remark since all illegal immigrants are by definition criminals. The phrases, 'illegal entry' and 'illegal reentry,' denote 'crimes' under U.S. immigration law. For a historical perspective on this, see, generally, "Article, Re-thinking Illegal Entry and Reentry," Doug Keller, 44 Loyola U. Chi. 65 (Fall 2012)What Obama is doing, essentially, is pushing the DREAM Act through by Executive Action/Executive fiat since Democrats in Congress were unsuccessful in their efforts to enact the DREAM Act. Indeed, his action, tying the hands of immigration officials so they aren't permitted to do their job, deporting millions of illegal immigrants, extends the Dream Act well beyond what even the Dream Act was designed to do if Congress had enacted it.

OBAMA HAS NOT ACTED ALONE

To Argue Obama has acted alone in granting amnesty to millions of illegal immigrants is not precisely true. Congressional Democrats encouraged the President to act and, in so doing, they, too, have acted irresponsibly. Moreover, these elected officials have undermined their own authority. They have undermined the authority and power of  Congress as an independent Branch of Government -- a Branch critical to the operations of and well-being of the Republic. Their action constitutes a betrayal to the American public they were elected to serve.Congressional Democrats complicity in the President's action is clearly in evidence. Consider: “In April 2011, Senator Harry Reid (D-NV) and twenty-one other Democratic senators published a letter they sent to President Barack Obama urging him to use executive discretion and authority to stop deportations and removals of undocumented young people-who grew up in the United States or have been residing in the United States for many years-who would have benefitted from the DREAM Act.” See, “Symposium: Noncitizen Participation In The American Polity: Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Cases(s) Of Dream Act Students, Michael A. Olivas, 21 Wm. & Mary Bill of Rights J. 463 (December, 2012).“The Obama Administration has apparently determined that any forms of immigration reform will have to be modest, and in the nature of non-legislative, adjudicatory, administrative review and discretionary deferred action.” Id.Deportation of aliens is an Executive function to be sure. But, that does not mean the Chief Executive – the President – can take it upon himself unilaterally to suspend deportation of millions of illegal aliens. That is an abuse of Executive discretion because deportation is a tool that Congress uses to effectuate the laws it has enacted. It is not a device to be used by the Chief Executive to thwart the will of Congress.Still, Congressional Democrats persevered in their own irresponsible actions. Senator Charles (“Chuck”) Schumer wrote a personal letter to then Secretary of the Department of Homeland Security, Janet Napolitano, attempting to pressure her to exclude millions of illegal aliens from deportation. But, Napolitano, a lawyer herself, responded with a letter of her own, barely containing her anger, “insisting that no category of Prosecutorial Discretion (PD) would be employed for groups of individuals: ‘I am not going to stand here and say that there are whole categories that we will, by executive fiat, exempt from the current immigration system, as sympathetic as we feel towards them.’” Id. Yet, three years later, we find Obama compelling Executive departments and Agencies to do just that: defying Congressional Mandate by excluding entire categories of individuals – literally millions of them – from deportation.

OBAMA HAS PREVIOUSLY EXPERIMENTED WITH AMNESTY

On June 15, 2012, Obama initiated a new policy, providing temporary amnesty to 800,000 illegal immigrants who came here as children -- a policy known as "Deferred Action for Childhood Arrivals" (DACA). "Note, 'You may say I'm a Dreamer, but I'm not the Only One,' a1: Categorical Prosecutorial Discretion and Its Consequences for US Immigration Law," Maria A. Fufidio, 36 Fordham Int'l L.J., 976 (June, 2013).  Opposition to DACA came not only from Republicans in Congress but from State governments and even from agents within the Department of Homeland Security. Id.What does DACA do? DACA "defers removal action for two years and provides individuals with work authorization if they meet other eligibility criteria for eligibility." Id.We now see what DACA really was and where DACA was obviously headed: universal amnesty for millions of illegal immigrants. The President's DACA policy was, then, merely a dress rehearsal for his latest initiative. For, where DACA granted temporary amnesty to 800,000 illegal immigrants, the President has now granted amnesty to 5 million illegal immigrants. It would not be a stretch to infer from the President's actions, that he intends, ultimately, to bestow amnesty to the 11 million plus illegal immigrants who currently reside on U.S. soil and to the thousands  -- perhaps millions  more -- who are crossing U.S. borders today and who, undoubtedly, will continue to cross U.S. borders and enter our ports, illegally, in the coming weeks, months, and years.

WHERE DOES ALL THIS LEAVE CONGRESS AND THE AMERICAN PEOPLE?

Not surprisingly, Senate and House Republicans are livid and the American public should sound off too.It may be academic why Obama waited almost three years to thwart the will of Congress. Likely, Obama hoped that Congress would enact the DREAM Act or something like it. Pressured by House and Senate Democrats, and by millions of undocumented aliens who shouldn’t have a voice at all, Obama decided to usurp the authority of Congress. Even now Obama says a Congressional enactment on immigration would override his Executive action. So saying, Obama is admitting he has usurped the authority of Congress. Moreover, immigration legislation already exists. That legislation does not provide for general amnesty. Obama doesn’t like it. Democrats in Congress don’t like it. And eleven million plus illegal aliens don’t like it. But most Americans -- bona fide citizens -- do like it. And it is the law.Obama likes to blurt out slogans. He says the present immigration system is broken. But, is it? What does he mean by the word, 'broken?' Does he mean the system is broken because it doesn't sanctify the presence of "border jumpers" in the U.S.? One might say, just as nonsensically, that our criminal justice system is broken because it preys on individuals who commit crimes.Apparently, illegal immigrants, some members of Congress, and the United States President believe they can, together, thrust their will on the American People, contrary to the import and purport of the United States Constitution and contrary to the authority of Congress, which alone, has power, under the Constitution, to establish the laws of naturalization and citizenship. Hopefully, some members of Congress will remember where their duty rests.

WHAT LIES AHEAD FOR THE AMERICAN PEOPLE

The American People must understand that usurpation of the U.S. Constitution – even by those who believe, possibly, they are acting with the best of intentions – undermines the Republic. The Obama Administration is testing the waters by granting amnesty to millions of illegal aliens, contrary to dictates of the present immigration law. But, Obama is testing the waters in ways far beyond the issue of immigration. If Congress fails to take strong measures against the Obama Administration and fails to do so immediately, then precedent will exist for further encroachment upon the Powers of Congress.Would a President dare to argue, for example, the First Amendment, Second Amendment, or Fourth Amendment Rights might be legally curtailed on the ground of a President’s personal convictions? We see an inkling of this -- and in matters of Fourth Amendment privacy rights, more than an inkling -- even now. If a President believes his Office is unassailable and that he, personally, is invincible, then the Rule of Law ceases to exist; the Constitution weakens; the Republic falls.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2014 Roger J Katz (Towne Criour) and Stephen L. D’Andrilli (Publius) All Rights Reserved.