US Economy Stagnating With Lowest Labor Participation in 38 Years of 62.4% With 94.6 Million Americans Not In Labor Force and 7.9 Unemployed and Only 142,000 Jobs Created In September — Recession in 2016? — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 546: October 2, 2015 

Pronk Pops Show 545: October 1, 2015 

Pronk Pops Show 544: September 30, 2015 

Pronk Pops Show 543: September 29, 2015 

Pronk Pops Show 542: September 28, 2015 

Pronk Pops Show 541: September 25, 2015 

Pronk Pops Show 540: September 24, 2015 

Pronk Pops Show 539: September 23, 2015 

Pronk Pops Show 538: September 22, 2015 

Pronk Pops Show 537: September 21, 2015 

Pronk Pops Show 536: September 18, 2015 

Pronk Pops Show 535: September 17, 2015 

Pronk Pops Show 534: September 16, 2015 

Pronk Pops Show 533: September 15, 2015  

Pronk Pops Show 532: September 14, 2015 

Pronk Pops Show 531: September 11, 2015

Pronk Pops Show 530: September 10, 2015 

Pronk Pops Show 529: September 9, 2015 

Pronk Pops Show 528: September 8, 2015 

Pronk Pops Show 527: September 4, 2015 

Pronk Pops Show 526: September 3, 2015  

Pronk Pops Show 525: September 2, 2015 

Pronk Pops Show 524: August 31, 2015  

Pronk Pops Show 523: August 27, 2015  

Pronk Pops Show 522: August 26, 2015 

Pronk Pops Show 521: August 25, 2015 

Pronk Pops Show 520: August 24, 2015 

Pronk Pops Show 519: August 21, 2015 

Pronk Pops Show 518: August 20, 2015  

Pronk Pops Show 517: August 19, 2015 

Pronk Pops Show 516: August 18, 2015

Pronk Pops Show 515: August 17, 2015

Pronk Pops Show 514: August 14, 2015

Pronk Pops Show 513: August 13, 2015

Pronk Pops Show 512: August 12, 2015

Pronk Pops Show 511: August 11, 2015

Pronk Pops Show 510: August 10, 2015

Pronk Pops Show 509: July 24, 2015

Pronk Pops Show 508: July 20, 2015

Pronk Pops Show 507: July 17, 2015

Pronk Pops Show 506: July 16, 2015

Pronk Pops Show 505: July 15, 2015

Pronk Pops Show 504: July 14, 2015

Pronk Pops Show 503: July 13, 2015

Pronk Pops Show 502: July 10, 2015

Pronk Pops Show 501: July 9, 2015

Pronk Pops Show 500: July 8, 2015

Pronk Pops Show 499: July 6, 2015

Pronk Pops Show 498: July 2, 2015

Pronk Pops Show 497: July 1, 2015

Story 1: US Economy Stagnating With Lowest Labor Participation in 38 Years of 62.4% With 94.6 Million Americans Not In Labor Force and 7.9 Unemployed and Only 142,000 Jobs Created In September — Recession in 2016? — Videos

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sgs-emp

U.S. economy gains 142,000 jobs in September

Does the weak jobs report take a Fed rate hike off the table?

The weak September jobs report and the markets

RETAIL APOCALYPSE CONTINUES SALES WORSE SINCE 2009

The last time September Retail Sales growth was this weak was 2009, limping aimlessly out of the ‘Great Recession’. With a mere 0.9% year-over-year growth, Johnson-Redbook data seems to confirm what Reuters reports is looming – the weakest U.S. holiday sales season for retailers since the recession. Consultancy firm AlixPartners expects sales to grow 2.8-3.4% during the November-December shopping period compared with 4.4% in 2014, based on analyzing consumer spending trends so far this year, noting (myth-busting for permabulls) dollars saved at the pump are being directed to personal savings or on non-retail activities.

Bursting Oil Bubble Could Put US Back in Recession

Commodities Report: October 2, 2015

Keep U.S. Jobs Numbers Volatility in Perspective: Krueger

Bad Jobs Report Prediction Understandable Says ‘Superforecasting’ Author

October 2, 2015 Financial News – Business News – Stock Exchange – NYSE – Market News

Gold Webcast – Gold climbs on weak US jobs report

Before the Asia Bell: October 2, 2015

Peter Schiff: Minimum Wage Will Result In Mass Unemployment & Self Service

MARC FABER – World Economy Grinding to a Halt. Don’t Trade With Leverage

Thom Hartmann “The Crash of 2016”

Keiser Report: Market Wasteland (E817)

The September Jobs Report in 11 Charts

By JOSH ZUMBRUN , NICK TIMIRAOS and ERIC MORATH

The U.S. economy added 142,000 jobs in September, but there’s more to the monthly jobs report than the number of jobs added. The report provides a wealth of information about the demographics of unemployment—about who is unemployed and why—summarized in the following 11 charts.

Over the past three months the economy has added jobs at the slowest pace since February 2014. Employers were adding an average of more than 200,000 jobs each month since the spring of last year, but now that pace has slowed.

Similarly, the annual pace of job creation has eased in recent months after peaking above three million late last year.

As a result of the weaker gains in August and September, job creation in 2015 has fallen well off last year’s pace. However, the economy is still on track to post the second-best year for employment growth in the past decade.

Every measure of unemployment is declining this year. The broadest gauge, which includes part-timers who would prefer full-time employment and Americans too discouraged to look for a job, fell to 10% last month. That’s the lowest rate since May 2008.

The median unemployed worker has been without a job for 11.4 weeks. That’s substantially shorter than during the first few years of this economic recovery, but still high by historical standards.

The number of Americans working full-time has finally returned to its prerecession levels, though this doesn’t account for an increase in the overall population.

The labor-force participation rate—that is, the share of the population either working or looking for work—declined to the lowest rate since 1977. The employment-to-population ratio, that is, the share of the population with a job, fell to 59.2% from 59.4%.

Much of the reason for the decline in the labor force is simply that a growing number of baby boomers are choosing to retire. Among workers ages 25 to 54, labor-force participation and employment rates are higher. Among this group of workers, dubbed prime-age by labor market economists, labor-force participation fell to 80.6% from 80.7% last month.

People can be unemployed for a range of reasons—whether it’s entering the job market for the first time; re-entering after going to school, starting a family or caring for a relative; quitting an old job with no new one lined up; or losing a job, either on a temporary layoff or permanently. As the recovery has progressed, the share of the unemployed who lost their previous job has declined. A growing share of the unemployed are new entrant or re-entrants to the work force.

College graduates have a significantly lower unemployment rate, which was unchanged at 2.5% this month. High-school dropouts have significantly higher unemployment, which climbed to 7.9% this month from 7.7%.

The unemployment rate has continued to come down for men, women, whites, blacks and Hispanics. The gaps in the unemployment rate between men and women have mostly closed, but significant gaps remain between racial groups.

Corrections & Amplifications

Monthly employment gains in 2015 have averaged 198,000. An earlier version of the chart “Slower, But Still Solid,” incorrectly showed an average gain of 221,000 jobs. Also, the number of Americans working full-time increased in September using a three-month moving average. An earlier version of the chart “Working Longer” included data for July, August and September that didn’t use the three-month average, while the post incorrectly suggested the number of full-time workers according to that measure had declined in September. (Oct. 2, 2015).

http://blogs.wsj.com/economics/2015/10/02/the-september-jobs-report-in-11-charts/

U.S. job growth stumbles, raising doubts on economy

U.S. employers slammed the brakes on hiring over the last two months, raising new doubts the economy is strong enough for the Federal Reserve to raise interest rates by the end of this year.

Payrolls outside of farming rose by 142,000 last month and August figures were revised sharply lower to show only 136,000 jobs added that month, the Labor Department said on Friday.

That marked the smallest two-month gain in employment in over a year and could fuel fears that the China-led global economic slowdown is sapping America’s strength.

“You can’t throw lipstick on this pig of a report,” said Brian Jacobsen, a portfolio strategist at Wells Fargo Funds Management in Menomonee Falls, Wisconsin.

The weak job growth took Wall Street by surprise and U.S. stocks sold off while the dollar also weakened and yields for government bonds fell.

Bets on interest rate futures showed investors only saw a 30 percent chance of a Fed rate hike in December, down from just under 50 percent before the job report’s release.

“(With) a weak report here, in combination with some of the other weakness that we are seeing across the globe, the odds get dinged for December,” said Tom Porcelli, an economist at RBC Capital Markets.

Investors saw virtually no chance the Fed would end its near-zero interest rate policy at its only other scheduled meeting this year, to be held later in October. Futures prices indicated investors were betting the Fed would probably hike in March.

U.S. factories are feeling the global chill and shed 9,000 jobs in September after losing 18,000 in August, according to the Labor Department’s survey of employers.

“We saw events in China lead to some global financial turmoil and you’re seeing that in the data here,” White House chief economist Jason Furman told Reuters.

New orders received by U.S. factories fell 1.7 percent in August, the Commerce Department said in a separate report..

Paul Ryan, a top Republican lawmaker in the House of Representatives, said the weak turn in the economy should be a wake-up call for Washington to reform the national economy with new tax laws, free trade agreements and policies to get people off welfare. “This recovery continues to disappoint, but we can’t accept it as the new normal,” Ryan said.

The recent pace of job growth should have been enough to push the unemployment rate lower because only around 100,000 new jobs are needed a month to keep up with population growth.

But the jobless rate held steady at 5.1 percent. The unemployment rate is derived from a separate survey of households that showed 350,000 workers dropping out of the labor force last month, as well as a lower level of employment.

The share of the population in the work force, which includes people who have jobs or are looking for one, fell to 62.4 percent, the lowest level since 1977.

Average hourly wages fell by a cent to $25.09 during the month and were up only 2.2 percent from the same month in 2014, holding around the same levels seen all year and pointing to marginal inflationary pressures.

The report did have a few bright spots that might be welcomed by Fed chief Janet Yellen, who said last week the economy was doing well enough to warrant higher rates this year.

The number of workers with part-time jobs but who want more hours fell by 447,000 in September to 6.0 million.

Yellen has signaled that the elevated number of these workers points to hidden slack in the labor market that isn’t captured by the jobless rate. A measure of joblessness that includes these workers and is closely followed by the Fed fell to 10 percent, its lowest level since May 2008.

Economists polled by Reuters had expected job growth of 203,000 in September.

All told, revised estimates meant 59,000 fewer jobs were created in July and August than previously believed.

In another grim sign, the number of hours worked in the country fell 0.2 percent, raising the specter that some broader softness might have gripped the economy last month.

Some of the strongest headwinds on the U.S. economy come from the commodity sector, which has slowed in part because of weaker demand from China.

The price of oil has fallen nearly 50 percent over the last year, and U.S. mining payrolls, which include energy sector jobs, fell by 10,000 in September, the ninth straight month of declines.

http://www.reuters.com/article/2015/10/02/us-usa-economy-idUSKCN0RW08V20151002

Employment Situation Summary

Transmission of material in this release is embargoed until USDL-15-1912
8:30 a.m. (EDT) Friday, October 2, 2015

Technical information:
Household data: (202) 691-6378 • cpsinfo@bls.gov • www.bls.gov/cps
Establishment data: (202) 691-6555 • cesinfo@bls.gov • www.bls.gov/ces

Media contact: (202) 691-5902 • PressOffice@bls.gov


THE EMPLOYMENT SITUATION -- SEPTEMBER 2015


Total nonfarm payroll employment increased by 142,000 in September, and the
unemployment rate was unchanged at 5.1 percent, the U.S. Bureau of Labor
Statistics reported today. Job gains occurred in health care and information,
while mining employment fell.

Household Survey Data

In September, the unemployment rate held at 5.1 percent, and the number of
unemployed persons (7.9 million) changed little. Over the year, the unemployment
rate and the number of unemployed persons were down by 0.8 percentage point and
1.3 million, respectively. (See table A-1.)

Among the major worker groups, the unemployment rates for adult men (4.7 percent),
adult women (4.6 percent), teenagers (16.3 percent), whites (4.4 percent), blacks
(9.2 percent), Asians (3.6 percent), and Hispanics (6.4 percent) showed little
or no change in September. (See tables A-1, A-2, and A-3.)

The number of persons unemployed for less than 5 weeks increased by 268,000 to
2.4 million in September, partially offsetting a decline in August. The number
of long-term unemployed (those jobless for 27 weeks or more) was little changed
at 2.1 million in September and accounted for 26.6 percent of the unemployed.
(See table A-12.)

The civilian labor force participation rate declined to 62.4 percent in September;
the rate had been 62.6 percent for the prior 3 months. The employment-population
ratio edged down to 59.2 percent in September, after showing little movement for
the first 8 months of the year. (See table A-1.)

The number of persons employed part time for economic reasons (sometimes referred to
as involuntary part-time workers) declined by 447,000 to 6.0 million in September.
These individuals, who would have preferred full-time employment, were working part
time because their hours had been cut back or because they were unable to find a
full-time job. Over the past 12 months, the number of persons employed part time
for economic reasons declined by 1.0 million. (See table A-8.)

In September, 1.9 million persons were marginally attached to the labor force, down
by 305,000 from a year earlier. (The data are not seasonally adjusted.) These 
individuals were not in the labor force, wanted and were available for work, and
had looked for a job sometime in the prior 12 months. They were not counted as
unemployed because they had not searched for work in the 4 weeks preceding the
survey. (See table A-16.)

Among the marginally attached, there were 635,000 discouraged workers in September,
little changed from a year earlier. (The data are not seasonally adjusted.)
Discouraged workers are persons not currently looking for work because they believe
no jobs are available for them. The remaining 1.3 million persons marginally
attached to the labor force in September had not searched for work for reasons
such as school attendance or family responsibilities. (See table A-16.)

Establishment Survey Data

Total nonfarm payroll employment increased by 142,000 in September. Thus far in
2015, job growth has averaged 198,000 per month, compared with an average monthly
gain of 260,000 in 2014. In September, job gains occurred in health care and
information, while employment in mining continued to decline. (See table B-1.)

Health care added 34,000 jobs in September, in line with the average increase of
38,000 jobs per month over the prior 12 months. Hospitals accounted for 16,000 of
the jobs gained in September, and employment in ambulatory health care services
continued to trend up (+13,000).

Employment in information increased by 12,000 in September and has increased by
44,000 over the year.

Employment in professional and business services continued to trend up in September
(+31,000). Job growth has averaged 45,000 per month thus far in 2015, compared
with an average monthly gain of 59,000 in 2014. In September, job gains occurred
in computer systems design and related services (+7,000) and in legal services
(+5,000).

Retail trade employment trended up in September (+24,000), in line with its average
monthly gain over the prior 12 months (+27,000). In September, employment rose in
general merchandise stores (+10,000) and automobile dealers (+5,000).

Employment in food services and drinking places continued on an upward trend in
September (+21,000). Over the year, this industry has added 349,000 jobs.

Employment in mining continued to decline in September (-10,000), with losses
concentrated in support activities for mining (-7,000). Mining employment has
declined by 102,000 since reaching a peak in December 2014.

Employment in other major industries, including construction, manufacturing,
wholesale trade, transportation and warehousing, financial activities, and
government, showed little or no change over the month.

The average workweek for all employees on private nonfarm payrolls declined by
0.1 hour to 34.5 hours in September. The manufacturing workweek decreased by
0.2 hour to 40.6 hours, and factory overtime declined by 0.2 hour to 3.1 hours.
The average workweek for production and nonsupervisory employees on private
nonfarm payrolls decreased by 0.1 hour to 33.6 hours. (See tables B-2 and B-7.)

In September, average hourly earnings for all employees on private nonfarm
payrolls, at $25.09, changed little (-1 cent), following a 9-cent gain in August.
Hourly earnings have risen by 2.2 percent over the year. Average hourly earnings
of private-sector production and nonsupervisory employees were unchanged at
$21.08 in September. (See tables B-3 and B-8.)

The change in total nonfarm payroll employment for July was revised from +245,000
to +223,000, and the change for August was revised from +173,000 to +136,000. With
these revisions, employment gains in July and August combined were 59,000 less
than previously reported. Over the past 3 months, job gains have averaged 167,000
per month.

_____________
The Employment Situation for October is scheduled to be released on Friday,
November 6, 2015, at 8:30 a.m. (EST).

Employment Situation Summary Table A. Household data, seasonally adjusted

HOUSEHOLD DATA
Summary table A. Household data, seasonally adjusted

[Numbers in thousands]
Category Sept.
2014
July
2015
Aug.
2015
Sept.
2015
Change from:
Aug.
2015-
Sept.
2015

Employment status

Civilian noninstitutional population

248,446 250,876 251,096 251,325 229

Civilian labor force

155,845 157,106 157,065 156,715 -350

Participation rate

62.7 62.6 62.6 62.4 -0.2

Employed

146,607 148,840 149,036 148,800 -236

Employment-population ratio

59.0 59.3 59.4 59.2 -0.2

Unemployed

9,237 8,266 8,029 7,915 -114

Unemployment rate

5.9 5.3 5.1 5.1 0.0

Not in labor force

92,601 93,770 94,031 94,610 579

Unemployment rates

Total, 16 years and over

5.9 5.3 5.1 5.1 0.0

Adult men (20 years and over)

5.3 4.8 4.7 4.7 0.0

Adult women (20 years and over)

5.5 4.9 4.7 4.6 -0.1

Teenagers (16 to 19 years)

19.8 16.2 16.9 16.3 -0.6

White

5.1 4.6 4.4 4.4 0.0

Black or African American

11.0 9.1 9.5 9.2 -0.3

Asian

4.5 4.0 3.5 3.6 0.1

Hispanic or Latino ethnicity

7.0 6.8 6.6 6.4 -0.2

Total, 25 years and over

4.7 4.3 4.2 4.1 -0.1

Less than a high school diploma

8.3 8.3 7.7 7.9 0.2

High school graduates, no college

5.3 5.5 5.5 5.2 -0.3

Some college or associate degree

5.4 4.4 4.4 4.3 -0.1

Bachelor’s degree and higher

2.9 2.6 2.5 2.5 0.0

Reason for unemployment

Job losers and persons who completed temporary jobs

4,521 4,143 4,070 3,908 -162

Job leavers

816 843 790 780 -10

Reentrants

2,805 2,447 2,349 2,436 87

New entrants

1,094 826 850 831 -19

Duration of unemployment

Less than 5 weeks

2,372 2,488 2,095 2,363 268

5 to 14 weeks

2,495 2,257 2,374 2,218 -156

15 to 26 weeks

1,423 1,188 1,250 1,214 -36

27 weeks and over

2,951 2,180 2,187 2,104 -83

Employed persons at work part time

Part time for economic reasons

7,058 6,325 6,483 6,036 -447

Slack work or business conditions

4,165 3,828 3,841 3,569 -272

Could only find part-time work

2,528 2,213 2,242 2,134 -108

Part time for noneconomic reasons

19,579 19,891 19,760 19,971 211

Persons not in the labor force (not seasonally adjusted)

Marginally attached to the labor force

2,226 1,927 1,812 1,921

Discouraged workers

698 668 624 635

– Over-the-month changes are not displayed for not seasonally adjusted data.
NOTE: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Detail for the seasonally adjusted data shown in this table will not necessarily add to totals because of the independent seasonal adjustment of the various series. Updated population controls are introduced annually with the release of January data.


Employment Situation Summary Table B. Establishment data, seasonally adjusted

ESTABLISHMENT DATA
Summary table B. Establishment data, seasonally adjusted
Category Sept.
2014
July
2015
Aug.
2015(p)
Sept.
2015(p)

EMPLOYMENT BY SELECTED INDUSTRY
(Over-the-month change, in thousands)

Total nonfarm

250 223 136 142

Total private

235 195 100 118

Goods-producing

38 7 -22 -13

Mining and logging

7 -9 -9 -12

Construction

22 5 5 8

Manufacturing

9 11 -18 -9

Durable goods(1)

10 -4 -4 -5

Motor vehicles and parts

2.2 1.9 6.6 2.1

Nondurable goods

-1 15 -14 -4

Private service-providing

197 188 122 131

Wholesale trade

5.2 2.6 5.5 -4.1

Retail trade

31.5 28.6 4.4 23.7

Transportation and warehousing

5.5 14.1 6.1 3.5

Utilities

-1.8 2.1 1.0 -0.7

Information

4 4 -5 12

Financial activities

10 15 12 0

Professional and business services(1)

51 40 27 31

Temporary help services

14.4 -11.3 6.6 4.6

Education and health services(1)

46 42 47 29

Health care and social assistance

27.2 40.2 47.6 36.4

Leisure and hospitality

49 32 32 35

Other services

-3 8 -8 1

Government

15 28 36 24

(3-month average change, in thousands)

Total nonfarm

237 243 201 167

Total private

229 222 171 138

WOMEN AND PRODUCTION AND NONSUPERVISORY EMPLOYEES
AS A PERCENT OF ALL EMPLOYEES(2)

Total nonfarm women employees

49.4 49.4 49.4 49.4

Total private women employees

47.9 48.0 48.0 48.0

Total private production and nonsupervisory employees

82.6 82.4 82.4 82.4

HOURS AND EARNINGS
ALL EMPLOYEES

Total private

Average weekly hours

34.5 34.6 34.6 34.5

Average hourly earnings

$24.55 $25.01 $25.10 $25.09

Average weekly earnings

$846.98 $865.35 $868.46 $865.61

Index of aggregate weekly hours (2007=100)(3)

101.5 103.9 104.0 103.8

Over-the-month percent change

0.2 0.5 0.1 -0.2

Index of aggregate weekly payrolls (2007=100)(4)

119.0 124.0 124.6 124.3

Over-the-month percent change

0.3 0.6 0.5 -0.2

DIFFUSION INDEX
(Over 1-month span)(5)

Total private (263 industries)

61.4 60.1 55.5 52.9

Manufacturing (80 industries)

53.8 50.6 39.4 44.4

Footnotes
(1) Includes other industries, not shown separately.
(2) Data relate to production employees in mining and logging and manufacturing, construction employees in construction, and nonsupervisory employees in the service-providing industries.
(3) The indexes of aggregate weekly hours are calculated by dividing the current month’s estimates of aggregate hours by the corresponding annual average aggregate hours.
(4) The indexes of aggregate weekly payrolls are calculated by dividing the current month’s estimates of aggregate weekly payrolls by the corresponding annual average aggregate weekly payrolls.
(5) Figures are the percent of industries with employment increasing plus one-half of the industries with unchanged employment, where 50 percent indicates an equal balance between industries with increasing and decreasing employment.
(p) Preliminary

NOTE: Data have been revised to reflect March 2014 benchmark levels and updated seasonal adjustment factors.

National Income and Product Accounts
Gross Domestic Product: Second Quarter 2015 (Third Estimate)
Corporate Profits: Second Quarter 2015 (Revised Estimate)
 Real gross domestic product -- the value of the goods and services produced by the nation’s
economy less the value of the goods and services used up in production, adjusted for price
changes -- increased at an annual rate of 3.9 percent in the second quarter of 2015, according to the
"third" estimate released by the Bureau of Economic Analysis. In the first quarter, real GDP increased
0.6 percent.

The GDP estimate released today is based on more complete source data than were available for
the "second" estimate issued last month. In the second estimate, the increase in real GDP was 3.7
percent. With the third estimate for the second quarter, the general picture of economic growth remains
the same; personal consumption expenditures (PCE) and nonresidential fixed investment increased more
than previously estimated (see “Revisions” on page 2).

The increase in real GDP in the second quarter primarily reflected positive contributions from
PCE, exports, nonresidential fixed investment, state and local government spending, and residential
fixed investment. Imports, which are a subtraction in the calculation of GDP, increased.

Real GDP increased 3.9 percent in the second quarter, after increasing 0.6 percent in the first.
The acceleration in real GDP in the second quarter reflected an upturn in exports, an acceleration in
PCE, a deceleration in imports, an upturn in state and local government spending, and an acceleration in
nonresidential fixed investment that were partly offset by decelerations in private inventory investment
and in federal government spending.

Real gross domestic income (GDI) -- the value of the costs incurred and the incomes earned in
the production of goods and services in the nation’s economy -- increased 0.7 percent in the second
quarter, compared with an increase of 0.4 percent in the first. The average of real GDP and real GDI, a
supplemental measure of U.S. economic activity that equally weights GDP and GDI, increased 2.3
percent in the second quarter, compared with an increase of 0.5 percent in the first.

_______

FOOTNOTE. Quarterly estimates are expressed at seasonally adjusted annual rates, unless otherwise
specified. Percent changes are calculated from unrounded data and are annualized. "Real" estimates
are in chained (2009) dollars. Price indexes are chain-type measures.

This news release is available on BEA's Web site.
_______

Real gross domestic purchases -- purchases by U.S. residents of goods and services wherever
produced -- increased 3.6 percent in the second quarter, compared with an increase of 2.5 percent in
the first.

The price index for gross domestic purchases, which measures prices paid by U.S. residents,
increased 1.5 percent in the second quarter, in contrast to a decrease of 1.6 percent in the first. Excluding
food and energy prices, the price index for gross domestic purchases increased 1.2 percent, compared
with an increase of 0.2 percent.

Current-dollar GDP -- the market value of the goods and services produced by the nation’s
economy less the value of the goods and services used up in production -- increased 6.1 percent, or
$264.4 billion, in the second quarter to a level of $17,913.7 billion. In the first quarter, current-dollar
GDP increased 0.8 percent, or $33.3 billion.


Revisions

The upward revision to the percent change in real GDP primarily reflected upward revisions to
PCE, to nonresidential fixed investment, and to residential fixed investment that were partly offset by a
downward revision to private inventory investment. For information on revisions, see "The Revisions to
GDP, GDI, and Their Major Components."


Advance Estimate Second Estimate Third Estimate
(Percent change from preceding quarter)
Real GDP............................... 2.3 3.7 3.9
Current-dollar GDP..................... 4.4 5.9 6.1
Real GDI............................... ... 0.6 0.7
Average of Real GDP and Real GDI....... ... 2.1 2.3
Gross domestic purchases price index... 1.4 1.5 1.5


Corporate Profits


Profits from current production

Profits from current production (corporate profits with inventory valuation adjustment (IVA) and
capital consumption adjustment (CCAdj)) increased $70.4 billion in the second quarter, in contrast to a
decrease of $123.0 billion in the first.

Profits of domestic financial corporations increased $34.6 billion in the second quarter, in
contrast to a decrease of $23.4 billion in the first. Profits of domestic nonfinancial corporations
increased $24.3 billion, in contrast to a decrease of $70.5 billion. The rest-of-the-world component of
profits increased $11.4 billion, in contrast to a decrease of $29.0 billion. This measure is calculated as
the difference between receipts from the rest of the world and payments to the rest of the world. In the
second quarter, receipts increased $24.9 billion, and payments increased $13.4 billion.

Taxes on corporate income increased $31.3 billion in the second quarter, compared with an
increase of $5.5 billion in the first. Profits after tax with IVA and CCAdj increased $39.2 billion, in
contrast to a decrease of $128.4 billion.

Dividends increased $1.2 billion in the second quarter, compared with an increase of $6.3 billion
in the first. Undistributed profits increased $38.0 billion, in contrast to a decrease of $134.7 billion. Net
cash flow with IVA -- the internal funds available to corporations for investment -- increased $48.1
billion, in contrast to a decrease of $135.5 billion.

The IVA and CCAdj are adjustments that convert inventory withdrawals and depreciation of
fixed assets reported on a tax-return, historical-cost basis to the current-cost economic measures used in
the national income and product accounts. The IVA decreased $78.7 billion in the second quarter, in
contrast to an increase of $45.7 billion in the first. The CCAdj increased $7.7 billion, in contrast to a
decrease of $208.1 billion.


Corporate profits with IVA

Profits of domestic financial corporations increased $34.3 billion in the second quarter, in
contrast to a decrease of $3.1 billion in the first. Profits of domestic nonfinancial corporations increased
$17.0 billion, compared with an increase of $117.3 billion. The second-quarter increase in profits of
nonfinancial corporations primarily reflected an increase in “other” nonfinancial industries that was
partly offset by a decrease in retail trade industries. A small increase in manufacturing industries
reflected an increase in durable goods that was mostly offset by a decrease in nondurable goods.


Gross value added of nonfinancial domestic corporate business

Real gross value added of nonfinancial corporations decreased slightly in the second quarter.
Profits per unit of real value added increased, reflecting an increase in unit prices and a decrease in unit
nonlabor costs that were partly offset by an increase in unit labor costs.

* * *


BEA's national, international, regional, and industry estimates; the Survey of Current Business;
and BEA news releases are available without charge on BEA's Web site at www.bea.gov. By visiting the
site, you can also subscribe to receive free e-mail summaries of BEA releases and announcements.

* * *

Next release -- October 29, 2015 at 8:30 A.M. EDT for:
Gross Domestic Product: Third Quarter 2015 (Advance Estimate)
http://bea.gov/newsreleases/national/GDP/GDPnewsrelease.htm

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Obama The Tyrant Races To Have The United Nations Security Council Pass The Traitorous Terrorist Treaty Before Congress Votes It Down — Congress and President Betray The United States Constitution –Just Walk Way From Both Political Parties — Never Again Fasicism — Videos

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Story 1: Obama The Tyrant Races To Have The United Nations Security Council Pass The Traitorous Terrorist Treaty Before Congress Votes It Down — Congress and President Betray The United States Constitution — Just Walk Way From Both Political Parties — Never Again Fasicism — Videos

Incredible! New George S Patton speech! Iran & modern warfare

The Iran nuclear deal. Good deal or bad deal?

George Pataki: Iran deal is bad for civilized world

White House, Democrats divided over Iran nuclear deal

KEY POINTS OF HISTORIC IRAN NUCLEAR DEAL

Bolton: Nuke Deal ‘Paves the Way’ for Iran to Get Nuclear Weapons

Mitch McConnell Fox News Sunday. McConnell On Iran Deal, Ted Cruz, Donald Trump

July 14, 2015 Fiorina on nuclear deal with Iran: Bad behavior pays

Trump reacts to Obama’s Iran deal presser, El Chapo’s escape

Key Republican Senator Corker Angry Over Iran Nuclear Deal

Blackburn: Iran Nuclear Deal is Bad for the United States

Levin: ‘U.S. Senate Just Capitulated To Obama,’ And Rewrote The Constitution’s Treaty Provision

Just Walk Way From Both Political Parties

Discusses Iran Nuclear Agreement Review Act on FOX News Channel’s “The O’Reilly Factor”

“TREATY” – The Word Congress Won’t Use

Judge Napolitano : Obama pushes World Government by signing U.N. Arms Trade Treaty (Sep 26, 2013)

Obama Bringing Iran Deal to UN, Bypassing Congress

The Four Tops Walk Away Renee

Four Tops – It’s The Same Old Song (1966)

UN ENDORSES IRAN NUCLEAR DEAL WITH 6 WORLD POWERS

The U.N. Security Council on Monday unanimously endorsed the landmark nuclear deal between Iran and six world powers and authorized a series of measures leading to the end of U.N. sanctions that have hurt Iran’s economy.

But the measure also provides a mechanism for U.N. sanctions to “snap back” in place if Iran fails to meet its obligations.

Both U.S. Ambassador Samantha Power and Iran’s U.N. Ambassador Gholamali Khoshroo called the agreement an important achievement for diplomacy, the Iranian promising to be “resolute in fulfilling its obligations” and the American pledging to be vigilant in ensuring they are carried out.

The resolution had been agreed to by the five veto-wielding council members, who along with Germany negotiated the nuclear deal with Iran. It was co-sponsored by all 15 members of the Security Council. The European Union’s foreign ministers endorsed the agreement later Monday in Brussels and pledged to implement it.

Under the agreement, Iran’s nuclear program will be curbed for a decade in exchange for potentially hundreds of billions of dollars’ worth of relief from international sanctions. Many key penalties on the Iranian economy, such as those related to the energy and financial sectors, could be lifted by the end of the year.

Iran insists its nuclear program is purely peaceful, aimed at producing nuclear energy and medical isotopes, but the United States and its Western allies believe Tehran’s real goal is to build atomic weapons. U.S. President Barack Obama has stressed that all of Iran’s pathways to a nuclear weapon are cut off for the duration of the agreement and Iran will remove two-thirds of its installed centrifuges and get rid of 98 percent of its stockpile of uranium.

Britain’s U.N. Ambassador Matthew Rycroft said “the world is now a safer place in the knowledge that Iran cannot now build a nuclear bomb.” But Israel’s U.N. Ambassador Ron Prosor told reporters immediately after the vote that the Security Council had “awarded a great prize to the most dangerous country in the world,” calling it “a very sad day” not only for Israel but the entire world.

The document specifies that seven resolutions related to U.N. sanctions will be terminated when Iran has completed a series of major steps to curb its nuclear program and the International Atomic Energy Agency has concluded that “all nuclear material in Iran remains in peaceful activities.”

All provisions of the U.N. resolution will terminate in 10 years, including the “snap back” provision on sanctions.

But last week the six major powers – the U.S., Russia, China, Britain, France and Germany – and the European Union sent a letter, seen by The Associated Press, informing U.N. Secretary-General Ban Ki-moon that they have agreed to extend the snap back mechanism for an additional five years. They asked Ban to send the letter to the Security Council.

Obama told reporters the vote will send a strong message of international support for the agreement as the best way to ensure “that Iran does not get a nuclear weapon.” He faces strong opposition in the Republican-controlled Congress and expressed hope that members will pay attention to the vote.

Power, the U.S. ambassador, said the nuclear deal doesn’t change the United States’ “profound concern about human rights violations committed by the Iranian government or about the instability Iran fuels beyond its nuclear program, from its support for terrorist proxies to repeated threats against Israel to its other destabilizing activities in the region.”

She urged Iran to release three “unjustly imprisoned” Americans and to determine the whereabouts of Robert Levinson, a former FBI agent who vanished in Iran in 2007.

The message that diplomacy can work ran through many speeches from council members.

Iran’s Khoshroo stressed that only if commitments are fully honored “can diplomacy prevail over conflict and war in a world that is replete with violence, suffering and oppression.”

Russia’s U.N. Ambassador Vitaly Churkin said the agreement “clearly demonstrates that where there’s a political will based on realism and respect for legitimate mutual interests of the international community, the most complex tasks can be resolved.”

“Today, the Security Council has confirmed the inalienable right of Iran to develop its peaceful nuclear program, including to enrich uranium, while ensuring the comprehensive control by the IAEA,” Churkin said.

http://hosted.ap.org/dynamic/stories/U/UN_UNITED_NATIONS_IRAN_NUCLEAR_DEAL?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-07-20-12-04-13

 

Article II, Section 2, Clause 2 of the United States Constitution, includes the Treaty Clause, which empowers the President of the United States to propose and chiefly negotiate agreements, which must be confirmed by the Senate, between the United States and other countries, which become treaties between the United States and other countries after the advice and consent of a supermajority of the United States Senate.

Full text of the clause

[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…

One of three types of international accord

In the United States, the term “treaty” is used in a more restricted legal sense than in international law. U.S. law distinguishes what it calls treaties from congressional-executive agreements and sole-executive agreements.[1] All three classes are considered treaties under international law; they are distinct only from the perspective of internal United States law. Distinctions among the three concern their method of ratification: by two-thirds of the Senate, by normal legislative process, or by the President alone, respectively. The Treaty Clause [2] empowers the President to make or enter into treaties with the “advice and consent” of two-thirds of theSenate. In contrast, normal legislation becomes law after approval by simple majorities in both the Senate and the House of Representatives.

Throughout U.S. history, the President has also made international “agreements” through congressional-executive agreements (CEAs) that are ratified with only a majority from both houses of Congress, or sole-executive agreements made by the President alone.[1] Though the Constitution does not expressly provide for any alternative to the Article II treaty procedure, Article I, Section 10 of the Constitution does distinguish between treaties (which states are forbidden to make) and agreements (which states may make with the consent of Congress).[3] The Supreme Court of the United States has considered congressional-executive and sole-executive agreements to be valid, and they have been common throughout American history. Thomas Jefferson explained that the Article II treaty procedure is not necessary when there is no long-term commitment:

It is desirable, in many instances, to exchange mutual advantages by Legislative Acts rather than by treaty: because the former, though understood to be in consideration of each other, and therefore greatly respected, yet when they become too inconvenient, can be dropped at the will of either party: whereas stipulations by treaty are forever irrevocable but by joint consent….[4]

A further distinction embodied in U.S. law is between self-executing treaties, which do not require additional legislative action, and non-self-executing treaties which do require the enactment of new laws.[1][5] These various distinctions of procedure and terminology do not affect the binding status of accords under international law. Nevertheless, they do have major implications under U.S. domestic law. In Missouri v. Holland, the Supreme Court ruled that the power to make treaties under the U.S. Constitution is a power separate from the other enumerated powers of the federal government, and hence the federal government can use treaties to legislate in areas which would otherwise fall within the exclusive authority of the states. By contrast, a congressional-executive agreement can only cover matters which the Constitution explicitly places within the powers of Congress and the President.[1] Likewise, a sole-executive agreement can only cover matters within the President’s authority or matters in which Congress has delegated authority to the President.[1] For example, a treaty may prohibit states from imposing capital punishment on foreign nationals, but a congressional-executive agreement or sole-executive agreement cannot.

In general, arms control agreements are often ratified by the treaty mechanism.[6] At the same time, trade agreements (such as the North American Free Trade Agreement and United States accession to the World Trade Organization) are generally voted on as a CEA, and such agreements typically include an explicit right to withdraw after giving sufficient written notice to the other parties.[7] If an international commercial accord contains binding “treaty” commitments, then a two-thirds vote of the Senate may be required.[8]

Between 1946 and 1999, the United States completed nearly 16,000 international agreements. Only 912 of those agreements were treaties, submitted to the Senate for approval as outlined in Article II of the United States Constitution. Since the Franklin Roosevelt presidency, only 6% of international accords have been completed as Article II treaties.[1] Most of these executive agreements consist of congressional-executive agreements.

Repeal

American law is that international accords become part of the body of U.S. federal law.[1] Consequently, Congress can modify or repeal treaties by subsequent legislative action, even if this amounts to a violation of the treaty under international law. This was held, for instance, in the Head Money Cases. The most recent changes will be enforced by U.S. courts entirely independent of whether the international community still considers the old treaty obligations binding upon the U.S.[1]

Additionally, an international accord that is inconsistent with the U.S. Constitution is void under domestic U.S. law, the same as any other federal law in conflict with the Constitution. This principle was most clearly established in the case of Reid v. Covert.[9] The Supreme Court could rule an Article II treaty provision to be unconstitutional and void under domestic law, although it has not yet done so.

In Goldwater v. Carter,[10] Congress challenged the constitutionality of then-president Jimmy Carter‘s unilateral termination of a defense treaty. The case went before the Supreme Court and was never heard; a majority of six Justices ruled that the case should be dismissed without hearing an oral argument, holding that “The issue at hand … was essentially a political question and could not be reviewed by the court, as Congress had not issued a formal opposition.” In his opinion, Justice Brennan dissented, “The issue of decision making authority must be resolved as a matter of constitutional law, not political discretion; accordingly, it falls within the competence of the courts”. Presently, there is no official ruling on whether the President has the power to break a treaty without the approval of Congress, and the courts also declined to interfere when President George W. Bush unilaterally withdrew the United States from the ABM Treaty in 2002, six months after giving the required notice of intent.[11]

Scope of presidential powers

Presidents have regarded the Article II treaty process as necessary where an international accord would bind a future president. For example, Theodore Roosevelt explained:

The Constitution did not explicitly give me power to bring about the necessary agreement with Santo Domingo. But the Constitution did not forbid my doing what I did. I put the agreement into effect, and I continued its execution for two years before the Senate acted; and I would have continued it until the end of my term, if necessary, without any action by Congress. But it was far preferable that there should be action by Congress, so that we might be proceeding under a treaty which was the law of the land and not merely by a direction of the Chief Executive which would lapse when that particular executive left office. I therefore did my best to get the Senate to ratify what I had done.[12]

A sole-executive agreement can only be negotiated and entered into through the president’s authority (1) in foreign policy, (2) as commander-in-chief of the armed forces, (3) from a prior act of Congress, or (4) from a prior treaty.[1] Agreements beyond these competencies must have the approval of Congress (for congressional-executive agreements) or the Senate (for treaties).

In 1972, Congress passed legislation requiring the president to notify Congress of any executive agreements that are formed.[13]

Although the nondelegation doctrine prevents Congress from delegating its legislative authority to the executive branch, Congress has allowed the executive to act as Congress’s “agent” in trade negotiations, such as by setting tariffs, and, in the case of Trade Promotion Authority, by solely authoring the implementing legislation for trade agreements. The constitutionality of this delegation was upheld by the Supreme Court in Field v. Clark (1892).

See also

Further reading

Warren F. Kimball, Alliances, Coalitions, and Ententes – The American alliance system: an unamerican tradition

https://www.youtube.com/watch?v=atT1erLYbOE

 

HAMILTON’S WARNING AGAINST OBAMA AND THE IRAN DEAL – FEDERALIST NO. 75

“An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents.” Thus did Alexander Hamilton warn the American people, in Federalist No. 75, against allowing the president to make treaties alone.

Hamilton, while a supporter of executive power, nevertheless argued for the Senate’s treaty role, because “it would be utterly unsafe and improper to intrust that power to an elective magistrate of four years’ duration.”

It would be unsafe, he said, because even the most virtuous individuals, with the best of intentions, would fall prey to the temptations that negotiations with foreign powers would certainly provide.

How much more so does his advice apply to a president of lesser virtue, such as Barack Obama, who intends to decrease the power of the United States as a matter of ideological conviction, and who seeks narcissistic satisfaction in the attention a deal with Iran would temporarily provide!

Hamilton also anticipated the greed allegedly displayed by Hillary Clinton as Secretary of State, whose perambulations around the globe in service of the president’s dubious foreign policy agenda coincided with generous donations from foreign governments to her family’s personal foundation.

“An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth,” Hamilton warns, prescribing the review powers of the Senate as the remedy.

And lest apologists for Obama argue that the nuclear deal with Iran is not actually a “treaty,” but merely an “executive agreement,” Hamilton leaves no doubt as to the scope of arrangements to which the Senate’s review power applies.

“The power of making treaties,” he says, concerns “CONTRACTS with foreign nations, which have the force of law, but derive it from the obligations of good faith” (original emphasis).

Congress should heed Hamilton’s warning before it is too late.

http://www.breitbart.com/big-government/2015/03/28/alexander-hamiltons-warning-against-obama-and-the-iran-deal/

 

The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

Teacher’s Companion Lesson (PDF)

The Treaty Clause has a number of striking features. It gives the Senate, in James Madison’s terms, a “partial agency” in the President’s foreign-relations power. The clause requires a supermajority (two-thirds) of the Senate for approval of a treaty, but it gives the House of Representatives, representing the “people,” no role in the process.

Midway through the Constitutional Convention, a working draft had assigned the treaty-making power to the Senate, but the Framers, apparently considering the traditional role of a nation-state’s executive in making treaties, changed direction and gave the power to the President, but with the proviso of the Senate’s “Advice and Consent.” In a formal sense, then, treaty-making became a mixture of executive and legislative power. Most people of the time recognized the actual conduct of diplomacy as an executive function, but under Article VI treaties were, like statutes, part of the “supreme Law of the Land.” Thus, as Alexander Hamilton explained in The Federalist No. 75, the two branches were appropriately combined:

The qualities elsewhere detailed as indispensable in the management of foreign relations point out the executive as the most fit in those transactions; while the vast importance of the trust and the operation of treaties as laws plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.

Another reason for involving both President and Senate was that the Framers thought American interests might be undermined by treaties entered into without proper reflection. The Framers believed that treaties should be strictly honored, both as a matter of the law of nations and as a practical matter, because the United States could not afford to give the great powers any cause for war. But this meant that the nation should be doubly cautious in accepting treaty obligations. As James Wilson said, “Neither the President nor the Senate, solely, can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people.”

The fear of disadvantageous treaties also underlay the Framers’ insistence on approval by a two-thirds majority of the Senate. In particular, the Framers worried that one region or interest within the nation, constituting a bare majority, would make a treaty advantageous to it but prejudicial to other parts of the country and to the national interest. An episode just a year before the start of the Convention had highlighted the problem. The United States desired a trade treaty with Spain, and sought free access to the Mississippi River through Spanish-controlled New Orleans. Spain offered favorable trade terms, but only if the United States would give up its demands on the Mississippi. The Northern states, which would have benefited most from the trade treaty and cared little about New Orleans, had a majority, but not a supermajority, in the Continental Congress. Under the Articles of Confederation, treaties required assent of a supermajority (nine out of thirteen) of the states, and the South was able to block the treaty. It was undoubtedly that experience that impelled the Framers to carry over the supermajority principle from the Articles of Confederation.

At the Convention, several prominent Framers argued unsuccessfully to have the House of Representatives included. But most delegates thought that the House had substantial disadvantages when it came to treaty-making. For example, as a large body, the House would have difficulty keeping secrets or acting quickly. The small states, wary of being disadvantaged, also preferred to keep the treaty-making power in the Senate, where they had proportionally greater power.

The ultimate purpose, then, of the Treaty Clause was to ensure that treaties would not be adopted unless most of the country stood to gain. True, treaties would be more difficult to adopt than statutes, but the Framers realized that an unwise statute could simply be repealed, but an unwise treaty remained a binding international commitment, which would not be so easy to unwind.

Other questions, however, remained. First, are the provisions of the clause exclusive—that is, does it provide the only way that the United States may enter into international obligations?

While the clause does not say, in so many words, that it is exclusive, its very purpose—not to have any treaty disadvantage one part of the nation—suggests that no other route was possible, whether it be the President acting alone, or the popularly elected House having a role. On the other hand, while the Treaty Clause was, in the original understanding, the exclusive way to make treaties, the Framers also apparently recognized a class of less-important international agreements, not rising to the level of “treaties,” which could be approved in some other way. Article I, Section 10, in describing restrictions upon the states, speaks of “Treat[ies]” and “Agreement[s]…with a foreign Power” as two distinct categories. Some scholars believe this shows that not all international agreements are treaties, and that these other agreements would not need to go through the procedures of the Treaty Clause. Instead, the President, in the exercise of his executive power, could conclude such agreements on his own. Still, this exception for lesser agreements would have to be limited to “agreements” of minor importance, or else it would provide too great an avenue for evasion of the protections the Framers placed in the Treaty Clause.

A second question is how the President and Senate should interact in their joint exercise of the treaty power. Many Framers apparently thought that the President would oversee the actual conduct of diplomacy, but that the Senate would be involved from the outset as a sort of executive council advising the President. This was likely a reason that the Framers thought the smaller Senate was more suited than the House to play a key role in treaty-making. In the first effort at treaty-making under the Constitution, President George Washington attempted to operate in just this fashion. He went to the Senate in person to discuss a proposed treaty before he began negotiations. What is less clear, however, is whether the Constitution actually requires this process, or whether it is only what the Framers assumed would happen. The Senate, of course, is constitutionally authorized to offer “advice” to the President at any stage of the treaty-making process, but the President is not directed (in so many words) as to when advice must be solicited. As we shall see, this uncertainty has led, in modern practice, to a very different procedure than some Framers envisioned. It seems clear, however, that the Framers expected that the Senate’s “advice and consent” would be a close review and not a mere formality, as they thought of it as an important check upon presidential power.

A third difficult question is whether the Treaty Clause implies a Senate power or role in treaty termination. Scholarly opinion is divided, and few Framers appear to have discussed the question directly. One view sees the power to make a treaty as distinct from the power of termination, with the latter being more akin to a power of implementation. Since the Constitution does not directly address the termination power, this view would give it to the President as part of the President’s executive powers to conduct foreign affairs and to execute the laws. When the termination question first arose in 1793, Washington and his Cabinet, which included Hamilton and Thomas Jefferson, embraced this view. All of them thought Washington could, on his own authority, terminate the treaty with France if necessary to keep the United States neutral.

A second view holds that, as a matter of the general eighteenth-century understanding of the legal process, the power to take an action (such as passing a statute or making a treaty) implies the power to undo the action. This view would require the consent of the President and a supermajority of the Senate to undo a treaty. There is, however, not much historical evidence that many Framers actually held this view of treaty termination, and it is inconsistent with the common interpretation of the Appointments Clause (under which Senate approval is required to appoint but not to remove executive officers).

The third view is that the Congress as a whole has the power to terminate treaties, based on an analogy between treaties and federal laws. When the United States first terminated a treaty in 1798 under John Adams, this procedure was adopted, but there was little discussion of the constitutional ramifications.

Finally, there is a question of the limits of the treaty power. A treaty presumably cannot alter the constitutional structure of government, and the Supreme Court has said that executive agreements—and so apparently treaties—are subject to the limits of the Bill of Rights just as ordinary laws are. Reid v. Covert (1957). InGeofroy v. Riggs (1890), the Supreme Court also declared that the treaty power extends only to topics that are “properly the subject of negotiation with a foreign country.” However, at least in the modern world, one would think that few topics are so local that they could not, under some circumstances, be reached as part of the foreign-affairs interests of the nation. Some have argued that treaties are limited by the federalism interests of the states. The Supreme Court rejected a version of that argument in State of Missouri v. Holland (1920), holding that the subject matter of treaties is not limited to the enumerated powers of Congress. The revival of interest in federalism limits on Congress in such areas as state sovereign immunity, see Seminole Tribe of Florida v. Florida (1996), and the Tenth Amendment, see Printz v. United States (1997), raises the question whether these limits also apply to the treaty power, but the Court has not yet taken up these matters.

Turning to modern practice, the Framers’ vision of treaty-making has in some ways prevailed and in some ways been altered. First, it is not true—and has not been true since George Washington’s administration—that the Senate serves as an executive council to advise the President in all stages of treaty-making. Rather, the usual modern course is that the President negotiates and signs treaties independently and then presents the proposed treaty to the Senate for its approval or disapproval. Washington himself found personal consultation with the Senate to be so awkward and unproductive that he abandoned it, and subsequent Presidents have followed his example.

Moreover, the Senate frequently approves treaties with conditions and has done so since the Washington administration. If the President makes clear to foreign nations that his signature on a treaty is only a preliminary commitment subject to serious Senate scrutiny, and if the Senate takes seriously its constitutional role of reviewing treaties (rather than merely deferring to the President), the check that the Framers sought to create remains in place. By going beyond a simple “up-or-down” vote, the Senate retains some of its power of “advice”: the Senate not only disapproves the treaty proposed by the President but suggests how the President might craft a better treaty. As a practical matter, there is often much consultation between the executive and members of the Senate before treaties are crafted and signed. Thus modern practice captures the essence of the Framers’ vision that the Senate would have some form of a participatory role in treaty-making.

A more substantial departure from the Framers’ vision may arise from the practice of “executive agreements.” According to the Restatement of Foreign Relations Law of the United States, the President may validly conclude executive agreements that (1) cover matters that are solely within his executive power, or (2) are made pursuant to a treaty, or (3) are made pursuant to a legitimate act of Congress. Examples of important executive agreements include the Potsdam and Yalta agreements of World War II, the General Agreement on Tariffs and Trade, which regulated international trade for decades, and the numerous status-of-forces agreements the United States has concluded with foreign governments.

Where the President acts pursuant to a prior treaty, there seems little tension with the Framers’ vision, as Senate approval has, in effect, been secured in advance. Somewhat more troublesome is the modern practice of so-called congressional–executive agreements, by which some international agreements have been made by the President and approved (either in advance or after the fact) by a simple majority of both houses of Congress, rather than two-thirds of the Senate. Many of these agreements deal particularly with trade-related matters, which Congress has clear constitutional authority to regulate. Congressional–executive agreements, at least with respect to trade matters, are now well established, and recent court challenges have been unsuccessful. Made in the USA Foundation v. United States (2001). On the other hand, arguments for “complete interchangeability”—that is, claims that anything that can be done by treaty can be done by congressional–executive agreement—seem counter to the Framers’ intent. The Framers carefully considered the supermajority rule for treaties and adopted it in response to specific threats to the Union; finding a complete alternative to the Treaty Clause would in effect eliminate the supermajority rule and make important international agreements easier to adopt than the Framers wished.

The third type of executive agreement is one adopted by the President without explicit approval of either the Senate or the Congress as a whole. The Supreme Court and modern practice embrace the idea that the President may under some circumstances make these so-called sole executive agreements. United States v. Belmont (1937); United States v. Pink (1942). But the scope of this independent presidential power remains a serious question. The Pink and Belmont cases involved agreements relating to the recognition of a foreign government, a power closely tied to the President’s textual power to receive ambassadors (Article II, Section 3). The courts have consistently permitted the President to settle foreign claims by sole executive agreement, but at the same time have emphasized that the Congress has acquiesced in the practice. Dames & Moore v. Regan (1981);American Insurance Ass’n v. Garamendi (2003). Beyond this, the modern limits of the President’s ability to act independently in making international agreements have not been explored. With respect to treaty termination, modern practice allows the President to terminate treaties on his own. In recent times, President James Earl Carter terminated the U.S.–Taiwan Mutual Defense Treaty in 1977, and President George W. Bush terminated the ABM Treaty with Russia in 2001. The Senate objected sharply to President Carter’s actions, but the Supreme Court rebuffed the Senate in Goldwater v. Carter (1979). President Bush’s action was criticized in some academic quarters but received general acquiescence. In light of the consensus early in Washington’s administration, it is probably fair to say that presidential termination does not obviously depart from the original understanding, inasmuch as the Framers were much more concerned about checks upon entering into treaties than they were about checks upon terminating them.

Profile photo of Michael D. Ramsey

Michael D. Ramsey
Professor of Law
University of San Diego School of Law

http://www.heritage.org/constitution#!/articles/2/essays/90/treaty-clause

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Story 1: Clash of Islamic Sects — War On: Middle East Islamic Sectarian War (Sunni vs. Shia, Arab vs. Persians) — Sunni Coalition of Saudi Arabia, Egypt, United Arab Emirates and Kuwait vs. Islamic Republic of Iran vs. Iranian Proxies (Hezbollah, Palestinian Islamic Jihad, Iraqi Shite Militias, Yemen Houthis) vs. Islamic State vs. Al Quaeda vs Israel and United States of America — Videos

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Arab leaders agree joint military force

By Haitham El-Tabei

Arab leaders agreed on Sunday to form a joint military force after a summit dominated by a Saudi-led offensive on Shiite rebels in Yemen and the threat from Islamist extremism.

Arab representatives will meet over the next month to study the creation of the force and present their findings to defence ministers within four months, according to the resolution adopted by the leaders.

“Assuming the great responsibility imposed by the great challenges facing our Arab nation and threatening its capabilities, the Arab leaders had decided to agree on the principle of a joint Arab military force,” Egyptian President Abdel Fattah al-Sisi told the summit in the resort town of Sharm el-Sheikh.

The decision was mostly aimed at fighting jihadists who have overrun swathes of Iraq and Syria and secured a foothold in Libya, Arab League chief Nabil al-Arabi said ahead of the summit.

On Sunday, Arabi told the meeting the region was threatened by a “destructive” force that threatened “ethnic and religious diversity”, in an apparent reference to the Islamic State group.

“What is important is that today there is an important decision, in light of the tumult afflicting the Arab world,” he said.

Egypt had pushed for the creation of the rapid response force to fight militants, and the matter gained urgency this week after Saudi Arabia and Arab allies launched air strikes on Huthi rebels in Yemen.

Arabi, reading a statement at the conclusion of the summit, said on Sunday the offensive would continue until the Huthis withdraw from regions they have overrun and surrender their weapons.

Several Arab states including Egypt are taking part in the military campaign, which Saudi King Salman said on Saturday would continue until the Yemeni people “enjoy security”.

– ‘Months to create’ –

Yemeni President Abedrabbo Mansour Hadi at the start of the summit called for the offensive to end only when the Huthis “surrender”, calling the rebel leader an Iranian “puppet”.

However, UN Secretary-General Ban Ki-moon urged the leaders to find a peaceful resolution in Yemen.

“It is my fervent hope that at this Arab League summit, leaders will lay down clear guidelines to peacefully resolve the crisis in Yemen,” he said.

James Dorsey, a Middle East analyst with the Singapore-based S. Rajaratnam School of International Studies, said that despite support for a joint-Arab force, “it would still take months to create and then operate on an ad-hoc basis.

“I don’t think we will get an integrated command anytime soon, as no Arab leader would cede control of any part of their army anytime soon,” he said.

“Today we will have a formal declaration that would be negotiated every time during action.”

Sisi said in a recent interview that the proposal for a joint force was welcomed especially by Jordan, which might take part alongside Saudi Arabia, the United Arab Emirates and Kuwait.

Aaron Reese, deputy research director at the Washington-based Institute for the Study of War, said “each of these countries would bring a different capability.

“The Jordanians are well known for their special forces capability… the Egyptians of course have the most manpower and bases close to Libya.”

Before Egyptian air strikes in February targeting the IS in Libya, the United Arab Emirates, which shares Cairo’s antipathy towards Islamists, had reportedly used Egyptian bases to launch its own air strikes there.

Cairo had sought UN backing for intervention in Libya, dismissing attempted peace talks between the rival governments in its violence-plagued North African neighbour as ineffective.

http://news.yahoo.com/arab-leaders-agree-joint-military-force-egypts-sisi-102805435.html

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Breaking: Obama’s Department of Justice (DOJ) Seeks Emergency Court Stay Order To Restart Immoral, Illegal and Unconstitutional Program To Give 4-5 Illegal Aliens Work Permits — Time To Impeach The Tyrant — Videos

Posted on February 22, 2015. Filed under: American History, Articles, Blogroll, Business, Central Intelligence Agency (CIA), College, Communications, Constitution, Corruption, Crisis, Demographics, Documentary, Economics, Education, Employment, Faith, Family, Federal Bureau of Investigation (FBI), Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Freedom, Friends, government, government spending, history, Illegal, Immigration, Investments, Law, Legal, liberty, Life, Links, Literacy, media, National Security Agency (NSA_, People, Philosophy, Photos, Politics, Private Sector, Public Sector, Radio, Rants, Raves, Regulations, Resources, Security, Talk Radio, Tax Policy, Terrorism, Unemployment, Unions, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Story 1: Breaking:  Obama’s Department of Justice (DOJ) Seeks Emergency Court Stay Order To Restart Immoral, Illegal and Unconstitutional Program To Give 4-5 Illegal Aliens Work Permits — Time To Impeach The Tyrant — Videos

U.S. Justice Department seeks to block Texas immigration ruling – LoneWolf Sager

Fed Judge Blocks Pres Obama Immigration Plan – Andrew Napolitano – Sen Ted Cruz – The Kelly File

Immigration Showdown – Texas Judge Stalls Obama Executive Action – Special Report All Star Panel

Fed Judge Blocks Pres’ Deferred Deportations For Illegal Immigrants – Sheriff Joe Arpaio – Cavuto

Justice Department to seek stay in Texas immigration ruling

Obama to seek emergency order restarting immigration programs

By Mike Lillis

 

Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.

White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”

The emergency stay had been sought by immigrant rights advocates, who want to get the programs up and running as soon as possible while the appeals process plays out.

“We — as immigrants and as Americans — have waited for nearly a quarter century for these much-needed improvements to our broken immigration system,” Marielena Hincapié, head of the National Immigration Law Center (NILC), said Friday in a statement. “We should not allow a flawed legal decision to delay these changes any longer.”
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Making good on earlier vows, DOJ will also file a separate appeal seeking to restart the executive programs.
“We will seek that appeal because we believe when you evaluate the legal merits of the arguments, that there is a solid legal foundation for the president to take the steps he announced last year to help reform our immigration system,” Earnest said.

At issue are two new initiatives launched unilaterally by Obama on Nov. 20.

The first expands eligibility for the president’s 2012 Deferred Action for Childhood Arrivals (DACA) program, which halts deportations and allows work permits for certain undocumented immigrants brought to the country as children. The second, known as DAPA, would extend similar benefits to the parents of U.S. citizens and permanent legal residents.

Combined, the programs could affect as many as 5 million immigrants living in the country illegally.

Many states, however, were quick to object. And Texas — joined by 25 other states — filed a lawsuit contending the programs marked an abuse of executive authority that would cripple their budgets with exorbitant new costs.

In a decision announced near midnight on Monday, U.S. District Judge Andrew S. Hanen agreed, arguing that the administration failed to comply with a federal law governing the adoption of new federal rules.

Hanen has not yet ruled on the merits of the states’ complaints, but said they have a significant enough case that both the DAPA and expanded DACA programs should be put on hold until the legal challenges are resolved.

The effects of the decision were immediate, as administration officials quickly announced that they would not begin accepting applications for either program until the court decisions are final.

Before the ruling, the Homeland Security Department was poised to begin accepting applications for the expanded-DACA program this week, and the for the DAPA program in May. Both have been suspended indefinitely.

Hanen’s injunction does not affect the original DACA program, which remains up and running.

 

http://thehill.com/homenews/administration/233343-obama-to-seek-emergency-court-order-in-immigration-fight

 

BREAKING: Obama to Defy Federal Court – Seeks Emergency Order to Re-Start Amnesty Executive Order

By Reagan Wilson

As we reported earlier this week, a federal judge in Texas issued an injunction that would prevent President Obama’s “Executive Amnesty” program, which would essentially grant immigration amnesty to as many as five million illegal aliens currently living in the United States.

Now, we are getting reports that the President is seeking an emergency order (on Friday afternoon of course) that would allow the programs to continue effective immediately.

According to a report by The Hill:

The Obama administration will seek an emergency court order to move forward with President Obama’s executive action on immigration.

Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.

White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”

The emergency stay had been sought by immigrant rights advocates, who want to get the programs up and running as soon as possible while the appeals process plays out.

“We — as immigrants and as Americans — have waited for nearly a quarter century for these much-needed improvements to our broken immigration system,” Marielena Hincapié, head of the National Immigration Law Center (NILC), said Friday in a statement. “We should not allow a flawed legal decision to delay these changes any longer.”

http://controversialtimes.com/news/breaking-obama-to-defy-federal-court-seeks-emergency-order-to-re-start-amnesty-executive-order/

The Pronk Pops Show Podcasts Portfolio

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The American People’s Grievance: Barack Obama Is An Islamic Terrorist Denier — Evil or Stupid? — Stupid Is As Stupid Does — Yes, Both –Videos

Posted on February 22, 2015. Filed under: American History, Ammunition, Articles, Babies, Blogroll, Bomb, Business, Central Intelligence Agency (CIA), College, Communications, Constitution, Coptic Christian, Crisis, Demographics, Diasters, Dirty Bomb, Documentary, Drones, Education, Energy, Faith, Family, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Freedom, Genocide, government, government spending, history, Islam, Islam, Language, Law, liberty, Life, Links, Literacy, media, Missiles, Money, National Security Agency (NSA_, Natural Gas, Natural Gas, Oil, Oil, People, Philosophy, Photos, Pistols, Politics, Press, Public Sector, Radio, Radio, Rants, Raves, Religion, Resources, Rifles, Security, Shite, Strategy, Sunni, Talk Radio, Taxes, Technology, Terrorism, Unions, Video, War, Water, Wealth, Weapons, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Story 1: The  American People’s Grievance: Barack Obama Is An Islamic Terrorist Denier — Evil or Stupid? — Stupid Is As Stupid Does — Yes, Both –Videos
barack obama

“Al Qaeda and ISIL and groups like it are desperate for legitimacy.  They try to portray themselves as religious leaders — holy warriors in defense of Islam.  That’s why ISIL presumes to declare itself the “Islamic State.”  And they propagate the notion that America — and the West, generally — is at war with Islam.  That’s how they recruit.  That’s how they try to radicalize young people.  We must never accept the premise that they put forward, because it is a lie.  Nor should we grant these terrorists the religious legitimacy that they seek.  They are not religious leaders — they’re terrorists.  (Applause.)  And we are not at war with Islam.  We are at war with people who have perverted Islam.”  

~President Barack Obama, February 18, 2015

Guns-to-Terrorist-590-LI islam5 islamic-terrorism-cartoon-bok obama-see-no-terrorism-political-cartoon obama-terrorist-dinner-cartoon tv is

Forrest Gump (1/10) Best Movie Quote – Life is Like a Box of Chocolates (1994)

Obama schools Right Wing It is not Islamic Terrorism!

Afterburner w/Bill Whittle — Showtime: Evil or Stupid?

TERRORIST NATION

Bernard Haykel: How Islamic is the Islamic State?

“To say that IS is outside of the interpretive parameters of Islam is factually incorecct. […] There is no question that these people are drawign inspiration from Islamic texts. And they know these texts better than most Muslims”, Professor Bernard Haykel of Princeton University’s Department of Near Eastern Studies responds to an open rejection letter of the IS movement signed by 126 Sunni scholars.

Talking to War and Peace Talk, Professor Haykel also shared insights on the strand of Islamic tradition IS draws on and the reasons why these Sunni critics have been hesistant to condemn IS members as heretics.

The interview was recorded in Amsterdam on November 14, 2014.

The Folly of Bombing the Islamic State

“Bin Laden was very proud that he had only spent 500.000 dollars on the 9/11 attacks. The US in response to those attacks has probably spent 3 trillion dollars. So as a return on investment, Bin Laden has done really well”.

Professor Bernard Haykel of Princeton University’s Department of Near Eastern Studies elaborates on the current US-led airstrike-campaign against the Islamic State. He explores how that will be framed by the jihadist Sunni movements Al-Qaeda and the Islamic State, and argues that these strikes will confirm their narrative of a conspiracy between the West, the Jews and the Shia Muslims. He stresses that “IS is not a Western problem, it is a Middle Eastern problem”. He also argues very strongly against foreign intervention, saying that: “Every time the West has intervened in the Middle East for the last 200 years it has led to a much worse situation both for the people of the region and for the West.”

The interview was recorded in Amsterdam on November 14, 2014.

Prof Haykel on the Islamic State and Al Qaeda

Is a Fractured Muslim Brotherhood in Egypt’s Future?

Genieve Abdo and Bernard Haykel – “Understanding the Complexities of Sunni — Shi’a Relations”

Who are the Muslim Brotherhood? – Truthloader

U.S. Policy and Islamism after the Arab Spring – Shimon Shamir – Clip from “Reflections on Islamism”

The History of the Muslim Brotherhood in 3 minutes

Muslim Brotherhood in America: The Overview

The American Muslim Brotherhood President – Barack Hussein Obama

The Great Deception New World Order & Muslim Brotherhood

An Alternative for U.S. Policy – Shimon Shamir – Clip from “Reflections on Islamism”

Islamism and Intervention against ISIS — Shimon Shamir – Clip from “Reflections on Islamism”

Reflections on Islamism: From the Muslim Brotherhood to the Islamic State

Obama Behind Muslim Brotherhood Caliphate Conspiracy

Former Muslim Brotherhood member: “Barack Hussein Obama is a Muslim Terrorist”

Barack Obama is a Member of the Muslim Brotherhood

Treason Exposed! Obama Used Benghazi Attack to Cover Up Arms Shipments to Muslim Brotherhood

Why doesn’t Obama say “Islamic” terrorism?

While Obama Appeases Islamic Terrorists, Egyptian President Condemns Them! • Kelly File • 1/9/15 •

President Obama Islam Speech Summit Extremism (Full Speech) – We aren’t at war with Islam

Forrest Gump (1/9) Movie CLIP – Peas and Carrots (1994) HD

Remarks by the President in Closing of the Summit on Countering Violent Extremism

South Court Auditorium

4:20 P.M. EST

THE PRESIDENT:  Thank you.  (Applause.)  Thank you so much. Everybody, please have a seat.

Well, thank you, Lisa, for the introduction.  Lisa is an example of the countless dedicated public servants across our government, a number of who are here today, who are working tirelessly every single day on behalf of the security and safety of the American people.  So we very much appreciate her.  And thanks to all of you for your attendance and participation in this important summit.

For more than 238 years, the United States of America has not just endured, but we have thrived and surmounted challenges that might have broken a lesser nation.  After a terrible civil war, we repaired our union.  We weathered a Great Depression, became the world’s most dynamic economy.  We fought fascism, liberated Europe.  We faced down communism — and won.  American communities have been destroyed by earthquakes and tornadoes and fires and floods — and each time we rebuild.

The bombing that killed 168 people could not break Oklahoma City.  On 9/11, terrorists tried to bring us to our knees; today a new tower soars above New York City, and America continues to lead throughout the world.  After Americans were killed at Fort Hood and the Boston Marathon, it didn’t divide us; we came together as one American family.

In the face of horrific acts of violence — at a Sikh temple near Milwaukee, or at a Jewish community center outside Kansas City — we reaffirmed our commitment to pluralism and to freedom, repulsed by the notion that anyone should ever be targeted because of who they are, or what they look like, or how they worship.

Most recently, with the brutal murders in Chapel Hill of three young Muslim Americans, many Muslim Americans are worried and afraid.  And I want to be as clear as I can be:  As Americans, all faiths and backgrounds, we stand with you in your grief and we offer our love and we offer our support.

My point is this:  As Americans, we are strong and we are resilient.  And when tragedy strikes, when we take a hit, we pull together, and we draw on what’s best in our character — our optimism, our commitment to each other, our commitment to our values, our respect for one another.  We stand up, and we rebuild, and we recover, and we emerge stronger than before.  That’s who we are.  (Applause.)

And I say all this because we face genuine challenges to our security today, just as we have throughout our history.  Challenges to our security are not new.  They didn’t happen yesterday or a week ago or a year ago.  We’ve always faced challenges.  One of those challenges is the terrorist threat from groups like al Qaeda and ISIL.  But this isn’t our challenge alone.  It’s a challenge for the world.  ISIL is terrorizing the people of Syria and Iraq, beheads and burns human beings in unfathomable acts of cruelty.  We’ve seen deadly attacks in Ottawa and Sydney and, Paris, and now Copenhagen.

So, in the face of this challenge, we have marshalled the full force of the United States government, and we’re working with allies and partners to dismantle terrorist organizations and protect the American people.  Given the complexities of the challenge and the nature of the enemy — which is not a traditional army — this work takes time, and will require vigilance and resilience and perspective.  But I’m confident that, just as we have for more than two centuries, we will ultimately prevail.

And part of what gives me that confidence is the overwhelming response of the world community to the savagery of these terrorists — not just revulsion, but a concrete commitment to work together to vanquish these organizations.

At the United Nations in September, I called on the international community to come together and eradicate this scourge of violent extremism.  And I want to thank all of you — from across America and around the world — for answering this call.  Tomorrow at the State Department, governments and civil society groups from more than 60 countries will focus on the steps that we can take as governments.  And I’ll also speak about how our nations have to remain relentless in our fight — our counterterrorism efforts — against groups that are plotting against our counties.

But we are here today because of a very specific challenge  — and that’s countering violent extremism, something that is not just a matter of military affairs.  By “violent extremism,” we don’t just mean the terrorists who are killing innocent people.  We also mean the ideologies, the infrastructure of extremists –the propagandists, the recruiters, the funders who radicalize and recruit or incite people to violence.  We all know there is no one profile of a violent extremist or terrorist, so there’s no way to predict who will become radicalized.  Around the world, and here in the United States, inexcusable acts of violence have been committed against people of different faiths, by people of different faiths — which is, of course, a betrayal of all our faiths.  It’s not unique to one group, or to one geography, or one period of time.

But we are here at this summit because of the urgent threat from groups like al Qaeda and ISIL.  And this week we are focused on prevention — preventing these groups from radicalizing, recruiting or inspiring others to violence in the first place.  I’ve called upon governments to come to the United Nations this fall with concrete steps that we can take together.  And today, what I want to do is suggest several areas where I believe we can concentrate our efforts.

First, we have to confront squarely and honestly the twisted ideologies that these terrorist groups use to incite people to violence.  Leading up to this summit, there’s been a fair amount of debate in the press and among pundits about the words we use to describe and frame this challenge.  So I want to be very clear about how I see it.

Al Qaeda and ISIL and groups like it are desperate for legitimacy.  They try to portray themselves as religious leaders — holy warriors in defense of Islam.  That’s why ISIL presumes to declare itself the “Islamic State.”  And they propagate the notion that America — and the West, generally — is at war with Islam.  That’s how they recruit.  That’s how they try to radicalize young people.  We must never accept the premise that they put forward, because it is a lie.  Nor should we grant these terrorists the religious legitimacy that they seek.  They are not religious leaders — they’re terrorists.  (Applause.)  And we are not at war with Islam.  We are at war with people who have perverted Islam.  (Applause.)  

Now, just as those of us outside Muslim communities need to reject the terrorist narrative that the West and Islam are in conflict, or modern life and Islam are in conflict, I also believe that Muslim communities have a responsibility as well.  Al Qaeda and ISIL do draw, selectively, from the Islamic texts.  They do depend upon the misperception around the world that they speak in some fashion for people of the Muslim faith, that Islam is somehow inherently violent, that there is some sort of clash of civilizations.

Of course, the terrorists do not speak for over a billion Muslims who reject their hateful ideology.  They no more represent Islam than any madman who kills innocents in the name of God represents Christianity or Judaism or Buddhism or Hinduism.  No religion is responsible for terrorism.  People are responsible for violence and terrorism.  (Applause.)

And to their credit, there are respected Muslim clerics and scholars not just here in the United States but around the world who push back on this twisted interpretation of their faith.  They want to make very clear what Islam stands for.  And we’re joined by some of these leaders today.  These religious leaders and scholars preach that Islam calls for peace and for justice, and tolerance toward others; that terrorism is prohibited; that the Koran says whoever kills an innocent, it is as if he has killed all mankind.  Those are the voices that represent over a billion people around the world.

But if we are going to effectively isolate terrorists, if we’re going to address the challenge of their efforts to recruit our young people, if we’re going to lift up the voices of tolerance and pluralism within the Muslim community, then we’ve got to acknowledge that their job is made harder by a broader narrative that does exist in many Muslim communities around the world that suggests the West is at odds with Islam in some fashion.

The reality — which, again, many Muslim leaders have spoken to — is that there’s a strain of thought that doesn’t embrace ISIL’s tactics, doesn’t embrace violence, but does buy into the notion that the Muslim world has suffered historical grievances  — sometimes that’s accurate — does buy into the belief that so many of the ills in the Middle East flow from a history of colonialism or conspiracy; does buy into the idea that Islam is incompatible with modernity or tolerance, or that it’s been polluted by Western values.

So those beliefs exist.  In some communities around the world they are widespread.  And so it makes individuals — especially young people who already may be disaffected or alienated — more ripe for radicalization.  And so we’ve got to be able to talk honestly about those issues.  We’ve got to be much more clear about how we’re rejecting certain ideas.

So just as leaders like myself reject the notion that terrorists like ISIL genuinely represent Islam, Muslim leaders need to do more to discredit the notion that our nations are determined to suppress Islam, that there’s an inherent clash in civilizations.  Everybody has to speak up very clearly that no matter what the grievance, violence against innocents doesn’t defend Islam or Muslims, it damages Islam and Muslims.  (Applause.)

And when all of us, together, are doing our part to reject the narratives of violent extremists, when all of us are doing our part to be very clear about the fact that there are certain universal precepts and values that need to be respected in this interconnected world, that’s the beginnings of a partnership.

As we go forward, we need to find new ways to amplify the voices of peace and tolerance and inclusion — and we especially need to do it online.  We also need to lift up the voices of those who know the hypocrisy of groups like ISIL firsthand, including former extremists.  Their words speak to us today.  And I know in some of the discussions these voices have been raised: “I witnessed horrible crimes committed by ISIS.”  “It’s not a revolution or jihad…it’s a slaughter…I was shocked by what I did.”  “This isn’t what we came for, to kill other Muslims.”  “I’m 28 — is this the only future I’m able to imagine?”  That’s the voice of so many who were temporarily radicalized and then saw the truth.  And they’ve warned other young people not to make the same mistakes as they did.  “Do not run after illusions.”  “Do not be deceived.”  “Do not give up your life for nothing.”  We need to lift up those voices.

And in all this work, the greatest resource are communities themselves, especially like those young people who are here today.  We are joined by talented young men and women who are pioneering new innovations, and new social media tools, and new ways to reach young people.  We’re joined by leaders from the private sector, including high-tech companies, who want to support your efforts.  And I want to challenge all of us to build new partnerships that unleash the talents and creativity of young people — young Muslims — not just to expose the lies of extremists but to empower youth to service, and to lift up people’s lives here in America and around the world.  And that can be a calling for your generation.

So that’s the first challenge — we’ve got to discredit these ideologies.  We have to tackle them head on.  And we can’t shy away from these discussions.  And too often, folks are, understandably, sensitive about addressing some of these root issues, but we have to talk about them, honestly and clearly.  (Applause.)  And the reason I believe we have to do so is because I’m so confident that when the truth is out we’ll be successful.     Now, a second challenge is we do have to address the grievances that terrorists exploit, including economic grievances.  Poverty alone does not cause a person to become a terrorist, any more than poverty alone causes somebody to become a criminal.  There are millions of people — billions of people  — in the world who live in abject poverty and are focused on what they can do to build up their own lives, and never embrace violent ideologies.

Conversely, there are terrorists who’ve come from extraordinarily wealthy backgrounds, like Osama bin Laden.  What’s true, though, is that when millions of people — especially youth — are impoverished and have no hope for the future, when corruption inflicts daily humiliations on people, when there are no outlets by which people can express their concerns, resentments fester.  The risk of instability and extremism grow.  Where young people have no education, they are more vulnerable to conspiracy theories and radical ideas, because it’s not tested against anything else, they’ve got nothing to weigh.  And we’ve seen this across the Middle East and North Africa.

And terrorist groups are all too happy to step into a void. They offer salaries to their foot soldiers so they can support their families.  Sometimes they offer social services — schools, health clinics — to do what local governments cannot or will not do.  They try to justify their violence in the name of fighting the injustice of corruption that steals from the people — even while those terrorist groups end up committing even worse abuses, like kidnapping and human trafficking.

So if we’re going to prevent people from being susceptible to the false promises of extremism, then the international community has to offer something better.  And the United States intends to do its part.  We will keep promoting development and growth that is broadly shared, so more people can provide for their families.  We’ll keep leading a global effort against corruption, because the culture of the bribe has to be replaced by good governance that doesn’t favor certain groups over others.

Countries have to truly invest in the education and skills and job training that our extraordinary young people need.  And by the way, that’s boys and girls, and men and women, because countries will not be truly successful if half their populations — if their girls and their women are denied opportunity.  (Applause.)  And America will continue to forge new partnerships in entrepreneurship and innovation, and science and technology, so young people from Morocco to Malaysia can start new businesses and create more prosperity.

Just as we address economic grievances, we need to face a third challenge — and that’s addressing the political grievances that are exploited by terrorists.  When governments oppress their people, deny human rights, stifle dissent, or marginalize ethnic and religious groups, or favor certain religious groups over others, it sows the seeds of extremism and violence.  It makes those communities more vulnerable to recruitment.  Terrorist groups claim that change can only come through violence.  And if peaceful change is impossible, that plays into extremist propaganda.

So the essential ingredient to real and lasting stability and progress is not less democracy; it’s more democracy.  (Applause.)  It’s institutions that uphold the rule of law and apply justice equally.  It’s security forces and police that respect human rights and treat people with dignity.  It’s free speech and strong civil societies where people can organize and assemble and advocate for peaceful change.  It’s freedom of religion where all people can practice their faith without fear and intimidation.  (Applause.)  All of this is part of countering violent extremism.

Fourth, we have to recognize that our best partners in all these efforts, the best people to help protect individuals from falling victim to extremist ideologies are their own communities, their own family members.  We have to be honest with ourselves.  Terrorist groups like al Qaeda and ISIL deliberately target their propaganda in the hopes of reaching and brainwashing young Muslims, especially those who may be disillusioned or wrestling with their identity.  That’s the truth.  The high-quality videos, the online magazines, the use of social media, terrorist Twitter accounts — it’s all designed to target today’s young people online, in cyberspace.

And by the way, the older people here, as wise and respected as you may be, your stuff is often boring — (laughter) — compared to what they’re doing.  (Applause.)  You’re not connected.  And as a consequence, you are not connecting.

So these terrorists are a threat, first and foremost, to the communities that they target, which means communities have to take the lead in protecting themselves.  And that is true here in America, as it’s true anywhere else.  When someone starts getting radicalized, family and friends are often the first to see that something has changed in their personality.  Teachers may notice a student becoming withdrawn or struggling with his or her identity, and if they intervene at that moment and offer support, that may make a difference.

Faith leaders may notice that someone is beginning to espouse violent interpretations of religion, and that’s a moment for possible intervention that allows them to think about their actions and reflect on the meaning of their faith in a way that’s more consistent with peace and justice.  Families and friends, coworkers, neighbors, faith leaders — they want to reach out; they want to help save their loved ones and friends, and prevent them from taking a wrong turn.

But communities don’t always know the signs to look for, or have the tools to intervene, or know what works best.  And that’s where government can play a role — if government is serving as a trusted partner.  And that’s where we also need to be honest.  I know some Muslim Americans have concerns about working with government, particularly law enforcement.  And their reluctance is rooted in the objection to certain practices where Muslim Americans feel they’ve been unfairly targeted.

So, in our work, we have to make sure that abuses stop, are not repeated, that we do not stigmatize entire communities.  Nobody should be profiled or put under a cloud of suspicion simply because of their faith.  (Applause.)  Engagement with communities can’t be a cover for surveillance.  We can’t “securitize” our relationship with Muslim Americans — (applause) — dealing with them solely through the prism of law enforcement. Because when we do, that only reinforces suspicions, makes it harder for us to build the trust that we need to work together.

As part of this summit, we’re announcing that we’re going to increase our outreach to communities, including Muslim Americans. We’re going to step up our efforts to engage with partners and raise awareness so more communities understand how to protect their loved ones from becoming radicalized.  We’ve got to devote more resources to these efforts.  (Applause.)

And as government does more, communities are going to have to step up as well.  We need to build on the pilot programs that have been discussed at this summit already — in Los Angeles, in Minneapolis, in Boston.  These are partnerships that bring people together in a spirit of mutual respect and create more dialogue and more trust and more cooperation.  If we’re going to solve these issues, then the people who are most targeted and potentially most affected — Muslim Americans — have to have a seat at the table where they can help shape and strengthen these partnerships so that we’re all working together to help communities stay safe and strong and resilient.  (Applause.)

And finally, we need to do what extremists and terrorists hope we will not do, and that is stay true to the values that define us as free and diverse societies.  If extremists are peddling the notion that Western countries are hostile to Muslims, then we need to show that we welcome people of all faiths.

Here in America, Islam has been woven into the fabric of our country since its founding.  (Applause.)  Generations of Muslim immigrants came here and went to work as farmers and merchants and factory workers, helped to lay railroads and build up America.  The first Islamic center in New York City was founded in the 1890s.  America’s first mosque — this was an interesting fact — was in North Dakota.  (Laughter.)

Muslim Americans protect our communities as police officers and firefighters and first responders, and protect our nation by serving in uniform, and in our intelligence communities, and in homeland security.  And in cemeteries across our country, including at Arlington, Muslim American heroes rest in peace having given their lives in defense of all of us.  (Applause.)

And of course that’s the story extremists and terrorists don’t want the world to know — Muslims succeeding and thriving in America.  Because when that truth is known, it exposes their propaganda as the lie that it is.  It’s also a story that every American must never forget, because it reminds us all that hatred and bigotry and prejudice have no place in our country.  It’s not just counterproductive; it doesn’t just aid terrorists; it’s wrong.  It’s contrary to who we are.

I’m thinking of a little girl named Sabrina who last month sent me a Valentine’s Day card in the shape of a heart.  It was the first Valentine I got.  (Laughter.)  I got it from Sabrina before Malia and Sasha and Michelle gave me one.  (Laughter.)  So she’s 11 years old.  She’s in the 5th grade.  She’s a young Muslim American.  And she said in her Valentine, “I enjoy being an American.”  And when she grows up, she wants to be an engineer — or a basketball player.  (Laughter.)  Which are good choices. (Laughter.)  But she wrote, “I am worried about people hating Muslims…If some Muslims do bad things, that doesn’t mean all of them do.”  And she asked, “Please tell everyone that we are good people and we’re just like everyone else.”  (Applause.)  Now, those are the words — and the wisdom — of a little girl growing up here in America, just like my daughters are growing up here in America.  “We’re just like everybody else.”  And everybody needs to remember that during the course of this debate.

As we move forward with these challenges, we all have responsibilities, we all have hard work ahead of us on this issue.  We can’t paper over problems, and we’re not going to solve this if we’re always just trying to be politically correct. But we do have to remember that 11-year-old girl.  That’s our hope.  That’s our future.  That’s how we discredit violent ideologies, by making sure her voice is lifted up; making sure she’s nurtured; making sure that she’s supported — and then, recognizing there are little girls and boys like that all around the world, and us helping to address economic and political grievances that can be exploited by extremists, and empowering local communities, and us staying true to our values as a diverse and tolerant society even when we’re threatened — especially when we’re threatened.

There will be a military component to this.  There are savage cruelties going on out there that have to be stopped.  ISIL is killing Muslims at a rate that is many multiples the rate that they’re killing non-Muslims.  Everybody has a stake in stopping them, and there will be an element of us just stopping them in their tracks with force.  But to eliminate the soil out of which they grew, to make sure that we are giving a brighter future to everyone and a lasting sense of security, then we’re going to have to make it clear to all of our children — including that little girl in 5th grade — that you have a place. You have a place here in America.  You have a place in those countries where you live.  You have a future.

Ultimately, those are the antidotes to violent extremism.  And that’s work that we’re going to have to do together.  It will take time.  This is a generational challenge.  But after 238 years, it should be obvious — America has overcome much bigger challenges, and we’ll overcome the ones that we face today.  We will stay united and committed to the ideals that have shaped us for more than two centuries, including the opportunity and justice and dignity of every single human being.

Thank you very much, everybody.  (Applause.)

END

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Senator Cruz Hails Victory of 26 States in Federal District Court with Judge Andrew S. Hanen’s Stopping Obama From Issuing of Work Permit Cards (Employment Authorization Document) for 4-5 Million Illegal Aliens in U.S. — Videos

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Pronk Pops Show 419: February 18, 2015

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Story 1: Senator Cruz Hails Victory of 26 States in Federal District Court with  Judge Andrew S. Hanen’s Stopping Obama From Issuing of Work Permit Cards (Employment Authorization Document) for 4-5 Million Illegal Aliens in U.S. — Videos
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US judge temporarily halts Obama’s immigration orders

A judge in Texas has temporarily halted a plan by US President Barack Obama to give a reprieve from deportation to millions of undocumented people.

The ruling by US District Judge Andrew Hanen gives a coalition of 26 states time to pursue a lawsuit aiming to permanently stop the orders.

Some parts of the policy would have started to take effect on Wednesday.

US Attorney General Eric Holder said he is seeking to overturn the Texas ruling and the courts will ultimately decide.

The coalition of states, led by Texas and made up of mostly conservative states in the South and Midwest, say the order would increase costs for law enforcement, health care and education.

On Tuesday the White House defended the legality of its policy, announced by President Obama in November after immigration-reform efforts had failed repeatedly in Congress.

President Obama’s unilateral move angered Republicans who are working to stop the executive action.

The House has approved a bill that would remove funding for the policies from the Department of Homeland Security’s budget. The measure has failed to pass the Senate and President Obama is expected to veto the bill.

Republicans hailed Mr Hanen’s injunction.

“The Texas court decision reached last night is a major turning point in the fight to stop Obama’s lawless amnesty,” said Senator Ted Cruz, a Texas Republican.

The White House has said Obama’s executive order is not out of legal bounds and that the US Supreme Court and Congress have said federal officials can set priorities in enforcing immigration laws.

Twelve states as well as Washington DC and the US Conference of Mayors have come out in support of President Obama’s action, saying it would stimulate the economy.

The first of President Obama’s orders – to expand a programme that protects young immigrants from deportation if they were brought to the US illegally as children – was set to start on Wednesday.

The other major part of President Obama’s order, which extends deportation protections to parents of US citizens and permanent residents who have been in the country for some years, was not expected to begin until 19 May.

Judge Nap: ‘Rare Ruling Against Obama Could Delay Amnesty Forever

Judge Andrew Napolitano said today that a new federal court ruling could actually delay President Obama’s immigration amnesty “forever.”

On FBN’s “Varney & Co.,” the judge explained the meaning behind the new ruling that temporarily blocks the implementation of Obama’s executive actions on immigration.

The ruling came late Monday after 26 states asked the court to delay the implementation until after the conclusion of a lawsuit challenging the legality of Obama’s orders.

U.S. District Judge Andrew Hanen granted the preliminary injunction Monday after hearing arguments in Brownsville, Texas, last month. He wrote in a memorandum accompanying his order that the lawsuit should go forward and that without a preliminary injunction the states will “suffer irreparable harm in this case.”

“The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed with the plaintiffs’ argument that legalizing the presence of millions of people is a “virtually irreversible” action.

The first of Obama’s orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to start taking effect Wednesday. The other major part of Obama’s order, which extends deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, was not expected to begin until May 19.

Napolitano called Hanen’s ruling “rare,” saying one federal judge usually does not decide to stop the president from doing something. He said it’s more common for a federal judge to let an appeals court decide.

“You could count on one hand the number of times a single federal judge has done this to a President of the United States since World War II and you would not use all your fingers,” he said.

The case now moves to the Fifth Circuit Court of Appeals that covers New Orleans and Houston.

Napolitano said the amnesty program is on hold “probably forever” unless the appeals court decides to overturn Hanen’s injunction.

He said it will probably take longer than two years – Obama’s remaining time in office – for the overall case to wind its way through the courts.

“The judge said the feds will probably lose and there is probably irreparable harm to the states, therefore I am going to stop this from happening and I’m going to stop it right now,” he explained.

Texas Judge’s Immigration Rebuke May Be Hard To Challenge

President Barack Obama’s administration faces a difficult and possibly lengthy legal battle to overturn a Texas court ruling that blocked his landmark immigration overhaul, since the judge based his decision on an obscure and unsettled area of administrative law, lawyers said. In his ruling on Monday that upended plans to shield millions of people from deportation, U S District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans. The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing. The ruling, however narrow, marked an initial victory for 26 states that brought the case alleging Obama had exceeded his powers with executive orders that would let up to 4. 7 million illegal immigrants stay without threat of deportation.

It’s a very procedural point – that he did this too quickly, said Michael Kagan, a law professor at the University of Nevada, Las Vegas. Hanen’s ruling left in disarray U S policy toward the roughly 11 million people in the country illegally. Obama said on Tuesday he disagreed with the ruling and expected his administration to prevail in the courts. The U S Justice Department was preparing an appeal of Hanen’s temporary injunction to the 5th U S Circuit Court of Appeals in New Orleans, Obama said. The court could consider an emergency request to block Hanen’s ruling, potentially within days, although most of the 23 judges on the court were appointed by Republican presidents. There was no consensus among lawyers with expertise in administrative law and immigration law on whether Hanen would be reversed on appeal. But they said the judge was wise to focus on an area of administrative law where legal precedent is sometimes fuzzy. In the near term, the narrow approach allowed Hanen to issue a temporary injunction barring federal agencies from putting Obama’s plans into place. An appointee of President George W. Bush, Hanen had previously criticized U S immigration enforcement as too lax.

BRAKE ON PRESIDENTIAL ACTIONHanen’s ruling turned on the Administrative Procedure Act’s requirement that a proposed rule or regulation appear in the Federal Register so people have a chance to comment. The Federal Register is a daily journal of U S government proceedings. The notice and comment requirement acts as a brake on all presidents, slowing their plans by months or years. The requirement, though, does not apply to interpretative rules or legislative rules, an exception that Justice Department lawyers said applied to Obama’s announcement in November.

For Hanen, the pivotal question became whether the new rules, such as granting work permits to potentially millions of illegal immigrants, was binding on federal agents or merely general guidance. He ruled that they were binding, and that Obama should have allowed for notice and comment. Lawyers with expertise in administrative law said there was little guidance from the U S Supreme Court on what qualifies as a rule that needs to be published, leaving disagreement among lower courts and a grey area for Hanen to work in. The case law as to what qualifies as a legislative rule is remarkably unclear, said Anne Joseph O’Connell, a University of California Berkeley law professor.

LENGTHY PROCESS LOOMSO’Connell said it was hard to predict how the appeals court would rule in the end, although she thought it was likely the court would lift Hanen’s temporary injunction and allow the Obama administration to begin putting its program in place. The subject is not strictly partisan, she said, because sometimes a liberal interest group might favor a strict requirement for notice and comment. An appeal before the 5th Circuit could take months, as lawyers file written briefs.

Immigration Delays Likely as DOJ Weighs Legal Options

Federal judge temporarily blocks Obama’s immigration executive action

Obama weighs in on Texas judge’s immigration ruling

Federal judge temporarily blocks Obama’s immigration executive action

No Clear End in Sight to Avoid Shutdown of Department of Homeland Security

Obama’s New Jobs Program: Work Permits for Illegal Aliens

Ted Cruz: White House ‘Counterfeiting Immigration Documents’

Sen. Ted Cruz, R-Texas, believes that the Obama administration is “counterfeiting immigration documents” under the president’s immigration plan.

Speaking to Fox News following a federal judge’s decision to temporarily halt President Barack Obama’s executive action on immigration, the potential Republican presidential contender said the commander in chief is ignoring federal law.

“One of the things it points out is the president has claimed, rather absurdly, that the basis of his authority is ‘prosecutorial discretion.’ That he’s simply choosing not to prosecute 4.5 million people here illegally,” Cruz told Fox News. “But what the district court concluded, quite rightly, is they’re doing far more than that. The administration is printing work authorizations. It is affirmatively acting in contravention of federal law. Basically, what its doing is counterfeiting immigration documents, because the work authorizations its printing are directly contrary to the text of federal law. It is dangerous when the president ignores federal law.”

U.S. District Judge Andrew Hanen’s decision late Monday puts on hold Obama’s orders that could spare from deportation as many as 5 million people who are in the U.S. illegally.

In a memorandum accompanying his order, Hanen said the lawsuit should go forward and that the states would “suffer irreparable harm in this case” without a preliminary injunction.

“The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed that legalizing the presence of millions of people is a “virtually irreversible” action.

Talking to reporters in the Oval Office, Obama said he disagreed with the ruling by Hanen that the administration had exceeded its authority. But he said that, for now, he must abide by it.

“We’re not going to disregard this federal court ruling,” Obama said, but he added that administration officials would continue to prepare to roll out the program. “I think the law is on our side and history is on our side,” he said.

Cruz called it a “major victory for the rule of law.”

“It’s interesting, (Obama) said the law is on his side. There’s at least one person who calls himself a legal scholar who disagrees, and his name is Barack Obama,” Cruz said. “Twenty-two times President Obama has admitted he doesn’t have the authority to issue unilateral amnesty. Twenty-two times he says the constitution doesn’t allow it. He said, ‘This is not a monarchy.’ That’s his quote. And then after the last election, he said never mind and issued it anyway.”

Obama’s directives would make more than 4 million immigrants in the United States illegally eligible for three-year deportation stays and work permits. Mostly those are people who have been in the country for more than five years and have children who are U.S. citizens or legal permanent residents. Applications for the first phase were to begin Wednesday, when as many as 300,000 immigrants brought illegally to the country as children could begin applying for an expansion of Obama’s 2012 program aimed at the younger immigrants known as Dreamers.

Hanen’s ruling late Monday night, in a case brought by 26 states led by Texas, said that Obama and his Homeland Security Department lacked the authority to take the actions they did.

“No statute gives the DHS the discretion it is trying to exercise here,” wrote Hanen, and he issued a stay blocking the actions from taking effect. His order was not a big surprise from a Republican-appointed judge who has showed a hard line on border issues.

The Obama administration could seek a stay of his order in addition to appealing to the 5th U.S. Circuit Court of Appeals in New Orleans. Attorney General Eric Holder said Tuesday that the Justice Department was deciding its next move.

He said, “I’ve always expected that this is a matter that will ultimately be decided by a higher court — if not the Supreme Court then a federal court of appeals.”

http://washington.cbslocal.com/2015/02/18/ted-cruz-white-house-counterfeiting-immigration-documents/

Federal Judge Blocks Implementation of Obama’s Executive Amnesty, For Now

By Patrick Brennan

A federal judge for the Southern District of Texas granted an injunction tonight blocking the implementation of President Obama’s sweeping executive action on immigration from November, which offered a form of temporary legal status and work authorization to millions of illegel immigrants. The judge, Andrew Hanen, is considering a case brought by the attorney generals of 26 states, which alleges that the executive action is improper and unconstitutional, and will harm the states by forcing them to pay for some benefits granted to newly legal immigrants, such as drivers’ licenses, and for higher law-enforcement costs.

The federal government is expected to immediately ask for a stay of the injunction. That would allow the feds to resume the process of preparing to grant quasi-legal status to millions of illegal immigrants — applications for one category of the president amnesty were to open this week. For now, that can’t happen; the decision from a higher court will probably take a few weeks.

Whatever the final decision is, this ruling should a bit of ammunition for Republicans who are currently trying to force some Democrats into agreeing to a government-funding bill in Congress that blocks the implementation of the order, which many Democrats once opposed.

Such an injunction isn’t granted unless the judge feels the plaintiffs have “a substantial likelihood of success on the merits.” Hanen’s ruling offers analysis of whether the states have standing to sue (on a number of grounds, he says they do), and whether they have a good chance at success.

The basic argument from the states that Hanen favors isn’t one about constitutional improprieties (he doesn’t get to that question, which the states have raised); it’s that the Department of Homeland Security has effectively created a whole new program and procedure without following any of the legally necessary steps. The Obama administration’s use of deferred action amounts to new rulemaking, Hanen suggests, because there’s so little evidence that the system, based on DACA, involves case-by-case discretion, as the feds claim it does.

Josh Blackman, a professor at the South Texas College of Law who’s written about the executive-amnesty issue for NR, has analysis of the full ruling here.

The ruling is certainly exciting for those who were troubled by the president’s actions, but a few reasons why not to get too excited:

The Fifth Circuit, the federal-court region that includes Texas, could stay the injunction relatively soon, though, allowing the granting of legal status to go forward. (Although the program could, in theory, eventually still be struck down.)

Hanen is not necessarily anything but a mainstream judge, but he is a Bush appointee who, the Times notes, has a record of hawkish immigration opinions. That has no bearing on the logic of his decision, but it might suggest other judges won’t necessarily agree with Hanen’s reasoning.

Whether states even have the right to challenge the president’s action isn’t entirely clear, partly because immigration enforcement is almost exclusively a federal domain. Attorney Ian Smith laid out the states’ case for standing on NROhere. Congressional Republicans have said they’d like to challenge the president’s order in court, too; their case for standing is considered more far-fetched. On the upside, the judge’s decision in Texas grants standing to the states on multiple grounds where they argue they have it, though not all of them.

Relatedly, courts are just pretty deferential when it comes to fights between the other two branches. Hanen’s ruling notes this repeatedly, maintaining that in order for the courts to halt the executive branch, it has to be actively, affirmatively doing something unauthorized, rather than just overstepping its bounds or abdicating its powers.

An Obama-appointed federal judge ruled in December that Sheriff Joe Arpaio didn’t have standing to sue over the president’s actions — a different case, for sure, but not entirely separate, since the 26 states involved in this case are alleging that legalized immigrants pose a law-enforcement threat, as Arpaio argued, too. The other case that has gone against Obama on this issue, a Pennsylvania federal judge’s ruling that the amnesty is unconstitutional, has been considered flimsy and overreaching; Blackman notes that Hanen’s decision is much better reasoned.​

The lawsuit just challenges the executive action announced in November, which offers “deferred action” status, a form of theoretically temporary legal residency and work authorization, to illegal immigrants with specific ties to the U.S. — the parents of citizens, etc. The categories in all add up to 4 to 5 million eligible illegal aliens.

That comes on top of the close to a million illegal immigrants eligible for deferred action under the president’s 2012 executive action, which allowed illegal immigrants who’d come here at a young age and met a few other criteria to stay. The Texas court decision examines that program, known as DACA, in detail, but it isn’t at issue in the case. A number of outlets refer to this injunction as halting “DACA expansions,” which is true, but a bit of a misnomer: The “DACA expansions” are deferred action for adults and childhood arrivals who were older or otherwise ineligible for the DACA program the president started in 2012. They’re not really the same thing, and DACA itself — the status it gave to hundreds of thousands of illegal immigrants and the application process they can still begin now if they haven’t gotten status — is unaffected.

This differs slightly from the political strategy Republicans have put forth in Congress: The bill the House passed earlier this year to fund the Department of Homeland Security would halt the DACA program, block the implementation of the president’s November action, and undo some of his other executive immigration policies, too.

http://www.nationalreview.com/corner/398741/federal-judge-blocks-implementation-obamas-executive-amnesty-now-patrick-brennan?utm_source=co2hog

Federal judge halts Obama amnesty; White House to appeal

By Stephen Dinan

A federal judge late Monday halted President Obama’s deportation amnesty, ruling he overstepped his powers in trying to grant legal status and “benefits and privileges” to millions of illegal immigrants, in a stunning decision that chides the president and throws the White House’s plans into disarray just a day before applications were to be accepted.

The White House said it will appeal Judge Andrew S. Hanen’s decision, but it’s unclear whether the case could reach the circuit court in New Orleans or even the Supreme Court before Wednesday, which is when the Homeland Security Department had planned to begin accepting the first applications under the new amnesty.

“The DHS was not given any ‘discretion by law’ to give 4.3 million removable aliens what the DHS itself labels as ‘legal presence,’ ” Judge Hanen wrote in issuing an injunction. “In fact, the law mandates that these illegally-present individuals be removed. The DHS has adopted a new rule that substantially changes both the status and employability of millions. These changes go beyond mere enforcement or even non-enforcement of this nation’s immigration scheme.”


SEE ALSO: FLASHBACK: Bush-appointee judge scorched Homeland Security before eviscerating amnesty


In the immediate sense, the ruling will become a major part of the debate over homeland security funding that has roiled Capitol Hill, with Republicans insisting Mr. Obama’s actions were unconstitutional and should be halted through Congress’s spending power, and Democrats backing their president by filibustering to block funding for the Homeland Security Department altogether.

The ruling doesn’t mean those illegal immigrants are going to be deported immediately — indeed, Judge Hanen said they are likely not to be deported at all under Mr. Obama, who had set “priorities” putting them in little danger of ever being kicked out of the country, even without the formal amnesty.

The judge said Mr. Obama does have the right to set those priorities, but said it is likely a step too far for him to have set up a proactive program to grant them other benefits.

“The DHS may continue to prosecute or not prosecute these illegally-present individuals, as current laws dictate. This has been the status quo for at least the last five years and there is little-to-no basis to conclude that harm will fall upon the defendants if it is temporarily prohibited from carrying out the … program.”

One immigrant-rights group called his decision “judicial vigilantism,” while another called it a “minor legal bump” and said it’s “merely a matter of time” before they win legal status.

White House press secretary Josh Earnest was dismissive of the judge’s ruling, saying it contradicted Mr. Obama’s own lawyers, who told him he was “well within his legal authority.”

“Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe. The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision,” Mr. Earnest said early Tuesday.

Judge Hanen’s exhaustive opinion, which ran to 123 pages, eviscerated the administration’s legal arguments. Where Mr. Obama claimed he was only issuing “guidance” and using his powers of prosecutorial discretion to make decisions on a case-by-case basis, the judge ruled that wording was “disingenuous” and ignored the substance of what the president was trying to do.

He also said Mr. Obama hurt his own case by saying he’d acted to “change the law,” implying a much more substantive legal program than his administration was arguing in court.

The president’s new plan, known as Deferred Action for Parental Accountability, announced in November, was designed to cover more than 4 million illegal immigrant parents of U.S. citizens and legal permanent residents, granting them a three-year stay of deportation, Social Security numbers and work permits to compete legally for jobs. The November order also expanded a 2012 program for so-called Dreamers, or illegal immigrants brought to the U.S. as children.

The initial Dreamer program is still in place, and covers more than 600,000 illegal immigrants, but Judge Hanen halted its expansion, as well as the new program for parents.

About 95 percent of those who applied for the 2012 Dreamer program were approved, while nobody who didn’t meet the strict criteria was — both factors that Judge Hanen said suggested this wasn’t “discretion,” but rather a new substantive legal policy that should have gone through the usual rule-making process.

“While [the program] does not provide legal permanent residency, it certainly provides a legal benefit in the form of legal presence (plus all that it entails) — a benefit not otherwise available in immigration laws,” the judge wrote. “In this case, actions speak louder than words.”

Still, almost none of those who would have been approved for the amnesty are in danger of deportation, thanks to Mr. Obama’s other, less-noticed policies that order immigration agents only to go after illegal immigrants with serious criminal records. That likely means only a couple million of the nearly 12 million illegal immigrants in the U.S. are likely to be in any danger of deportation.

Immigrant-rights advocates had expected the ruling and had been working ahead of time to discredit Judge Hanen, saying he had a “bias” against them, based on a December 2013 ruling.

In that ruling, Judge Hanen had spotted the surge of illegal immigrant children crossing the border earlier on, and had been critical of how Homeland Security officials had handled it, accusing them of being complicit in human trafficking because they would deliver the children to their illegal immigrant parents in the U.S. without trying to deport either party.

Last summer’s spike in illegal immigrant children from Central America bore out Judge Hanen’s concerns, with the administration belatedly admitting that the ease of getting across the border and being connected with family here in the U.S. was helping spur the surge.

http://www.washingtontimes.com/news/2015/feb/17/judge-andrew-s-hanen-halts-obama-amnesty/

Obama’s Amnesty Hits a Legal Roadblock
If a Texas judge’s temporary stay against it is upheld, it could be headed to the Supreme Court.

ate Monday, a federal district judge in Texasissued a temporary injunction that bars the Obama administration from proceeding with the president’s unilateral decree of effective amnesty for millions of illegal aliens.

To be clear, the order issued by Judge Andrew Hanen of the U.S. court for the southern district of Texas in Brownsville is a temporary stay. It is not a ruling on the merits of the lawsuit brought by 26 states that claim they will suffer profound financial and other damage from the president’s lawless executive action — an action that Obama himself many times conceded would be lawless before he finally took it late last year.

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Today, the Justice Department will seek an emergency order from the Fifth Circuit U.S. Court of Appeals to block Judge Hanen’s injunction. There is a good chance the Justice Department will succeed, at least temporarily. If the Fifth Circuit blocks the injunction, that, too, would not be a ruling on the merits of the case. It would just mean a return to the status quo that allows Obama to proceed with the implementation of his amnesty decree.

I imagine we will know by late this afternoon whether the Fifth Circuit will set aside the district court’s injunction.

Judge Hanen’s order would temporarily prevent the Obama administration from implementing the executive action — in particular, the issuance of positive legal benefits, like work permits, for illegal aliens despite the lack of statutory authorization. The stay would also allow Judge Hanen a chance to issue a final ruling on the merits of the case. Again, he has not at this point conclusively ruled that Obama’s executive amnesty violates the Constitution or other federal law.

To justify issuing the stay, however, he had to decide that the states that brought the lawsuit had demonstrated a likelihood of success on the merits. That is, in Hanen’s judgment, they have shown that they probably (1) have standing to sue, (2) will show that Obama violated the law, and (3) will suffer concrete harm from the violation (particularly economic harm).

The big question in the case is standing: Is the case properly brought by the states? If the Fifth Circuit, on an emergency appeal of the stay by the Justice Department, decides there is a likelihood that the states do not have standing, then it will vacate Judge Hanen’s stay. The appellate court could find a probability that standing is lacking because, for example, federal jurisprudence holds that immigration is mainly a federal responsibility, or because the harm the states say they will suffer from the executive amnesty is too speculative. (Again, note that we are talking about “likelihood” and “probability” here because these are preliminary, predictive determinations. The case has not been fully presented and ruled upon at this point.)

If the Fifth Circuit were to vacate the stay, that, again, would not be a ruling on the merits of the case. It would simply revert matters to where they stood before Judge Hanen’s order on Monday, meaning the administration could move ahead with its plans while we await a final ruling on the merits from Judge Hanen.

If, on the Justice Department’s emergency appeal, the Fifth Circuit were to decline to disturb Judge Hanen’s stay, there are at least three possibilities: (1) the Justice Department could appeal Judge Hanen’s stay to the Supreme Court; (2) the administration could accept the decision and hold off implementation of the executive order while waiting for Judge Hanen to issue a final ruling (which, all signs indicate, will go against the president); or (3) the president could do what he often does with statutes and court decisions that interfere with his agenda: simply ignore the judicial stay and begin implementing his amnesty decree.

I would bet on (1), an appeal to the Supreme Court. I do believe that Obama is inclined to (3), the lawless route, if all else fails. Obviously, however, the president would rather win in court if he can. That necessitates moving ahead with the judicial process while there are still rounds to play. The administration has a decent chance of getting the stay vacated in either the Fifth Circuit or the Supreme Court. Even if that fails, and Judge Hanen, as expected, renders a final decision against the president, the administration has a decent shot at getting such a ruling reversed by the Fifth Circuit or the Supreme Court. I expect the president to play this out. It may take many months, at least, and during that time there is a reasonable chance that some tribunal will lift the stay and allow him to begin implementing the amnesty pending a final appellate ruling on the merits.

This underscores what I have beenarguing for some time. The courts are a very unlikely avenue for checking presidential lawlessness. The proper constitutional way to check the president’s executive order is for Congress to deny the funding needed to implement it. That is what Republicans in the House have done, by fully funding the lawful activities of the Department of Homeland Security (DHS) but denying the funding for the unlawful executive amnesty. Democrats are blocking that legislation in the Senate, in the hope that, as the budget deadline approaches, the pro-Obama press (with regrettable help from George Will and Senator John McCain, among others) will convince the country that it is somehow the Republicans who are “shutting down” DHS.

On that score, I will briefly repeat what I’ve contended before:

The fact that politicians hang a sign that says “Homeland Security” on a dysfunctional bureaucratic sprawl does not mean that denying funds to that bureaucracy would harm actual homeland security in any material way.

We have a DHS only because of typical Beltway overreaction to a crisis — the need to be seen as “doing something” in response to public anger over the government’s misfeasance prior to the 9/11 attacks.

Homeland security in the United States is more than adequately provided for by the hundreds of billions of dollars that continue to be spent each year — and that Congress has already approved for this year — on the Justice Department, the FBI, the 17-agency intelligence community, the armed forces, and state and local police forces.

We did not have a DHS before 2003, and if it disappeared tomorrow, no one would miss it.

The agencies in DHS that actually contribute to protection of the homeland could easily be absorbed by other government departments (where they were housed before DHS’s creation).

Under Obama, the immigration law-enforcement components of DHS are not enforcing the immigration laws. Why should taxpayers expend billions of dollars on agencies that do not fulfill, and under this president have no intention of fulfilling, the mission that is the rationale for the funding?

In any event, as we await the next round in the courts, the speedy and certain way to stop a lawless president is to deny him the money he needs to carry out his designs.

http://www.nationalreview.com/article/398755/obamas-amnesty-hits-legal-roadblock-andrew-c-mccarthy/page/0/1

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