Wednesday, November 27, 2013

By the authority

The following is an extract of the very first Executive Order that President Obama issued:  "By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows:..."

He has the authority.  He cited the law passed by Congress and signed by Jimmy Carter who was the president at the time.  It is perfectly legal. 

So when a columnist takes issue with President Obama and claims that he is more or less speaking out of both sides of his mouth when he talks about immigration reform, some clarification about what President Obama can and can't do is probably a good idea.

President George Washington issued eight Executive Orders.  President Herbert Hoover served only four years in office and issued nearly 1,000 of them.  All presidents except William Henry Harrison issued at least one, and I am sure he would have issued some if he'd served more than 31 days in office.  They weren't numbered sequentially until the early 1900s, when they were numbered retroactively to one issued by President Abraham Lincoln.  So when you read that the next Executive Order that President Obama issues will be 13652, bear in mind that isn't the complete total to date.  There were more. 

But in all that time, only two Executive Orders were ever overturned by the court system.  One written by President Truman that placed all steel mills in the nation under federal control.  The other was issued only 18 years ago by President Clinton that wanted to outlaw the federal government contracting with companies that had strike-breakers on their payroll.

One of the best ways that a president ensures that their Executive Order isn't overturned by the legal system is by citing the law that Congress passed that he is using as authority for the order.  So when President Obama wrote the Executive Order that allowed the children of illegal immigrants who are themselves here illegally (as the law is presently written) to remain in the U.S. and be free of fear of deportation; he was implementing the current version of immigration law in terms of how it will be enforced.

That is his right as the Chief Executive.  Look at a list of President Obama's Executive Orders and you'll see many of them involve procedural matters and instructing federal agencies how they will operate under the legal authority already granted to them.  He just can't issue an Executive Order to make all of the illegal immigrants currently here, legal.  If he were to order ICE to stop deportations completely, in terms of those already in the U.S., that would almost certainly be overturned by the courts.

I've said it before.  We need comprehensive immigration reform that solves the problems of those who are here now, and ensuring future waves of illegal immigration are prevented.  An Executive Order is not the solution to those two problems.

* * *

I'm the first to admit that I'm not much into the fine arts.  I enjoy classical music, and there are a few paintings and sculptures that I like.  But for the most part it isn't my thing.  Maybe that's why I can't see any logical reason that the plans of the creditors of the city of Detroit, and the city's Emergency Manager to seek the liquidation of the art collection of the Detroit Art Institute not to go forward.

The DIA would have been shuttered long ago had the state and the city not stepped in to provide funding.  They no longer fund the DIA but the art there is almost certainly the legal property of the city.  There's no doubt that the collection of more than 60,000 pieces is worth billions of dollars. 

The city's debt stands at $18 billion.  If the art at the DIA is worth only $2 billion, that would represent more than 10% of the city's debt that could be paid off.  This isn't just about art.  This is about thousands of former employees of the city who may lose a large part of their pension benefits if the city's fiscal problems can't be solved. 

If the patrons of the arts are that concerned about this collection, then they can step up, purchase the art and donate it back to the DIA.

* * *

There is a lot of discussion going on about whether or not the viral image of a credit card slip that allegedly read, "I'm sorry but I cannot tip because I don't agree with your lifestyle & how you live your life." 

I don't know if it was a hoax or not.  I did take a close look at the credit card receipt the family accused of this slur provided to reporters.  It sure looks like the one the waitress ranted about on a Facebook page is a duplicate.  When she ran the family's card she could have easily printed an extra copy.  Give them two to fill out, keep the third and do whatever you want with it.

The restaurant says it is conducting an internal investigation.  This isn't rocket science or anything close to it.  You pull the receipts from that day that were processed and find the one in question.  You examine it.  You see that either the waitress or the family is lying and you call out the liar.  The fact that the restaurant isn't doing this immediately makes me suspect the waitress did lie and the owners don't want to be negatively impacted by her actions.  Particularly if they were complicit in this, although there is no reason to suspect that.

They should release their copy of the receipt, showing the truth and put this behind all of us for good.  If she lied, she should tell the world why and then move on. 

Lying about being the victim of discrimination is just as discriminatory against the rest of the group you belong to; because it gives those who do discriminate against you cause to continue.  "You (fill in the blank) all lie and here's the proof" is just one example of their twisted thought process.

* * *

Random Ponderings:

The teen assassin who was just released from a Mexican jail, who plans to live in San Antonio, is a U.S. citizen.  So why shouldn't he be entitled to come home?  He did his time under the laws of Mexico. 

Add Kanye West to the list of "do as I say, but I'm exempt because I'm special" of celebrities.  After urging NYC to not buy Louis Vuitton because the company dissed him, he was photographed travelling with the firm's expensive luggage.  Maybe he should change his moniker from Yeezus to Hippocritus.

Neal Schon is an incredible guitarist and I love listening to Journey.  I'd go to a Journey concert in a minute.  However, the idea of plunking down $14.95 to watch him marry Michaele Salahi is ridiculous.  Unless of course her estranged husband is guaranteed to crash the proceedings and rush the altar just as the couple is about to exchange their "I do's" and then I'd probably buy it.

The idiots who want to boycott Pizza Hut because one franchise owner fired one manager for refusing to make his employees work on Thanksgiving need to shut up and get a clue.  It wasn't the chain.  It wasn't a corporate decision.  One franchisee decided to make the choice to be open.  Boycott that one location and leave the rest alone unless they too forced employees to work on Thanksgiving.

Should we be surprised that the detective investigating the rape allegations accusing FSU quarterback Jameis Winston is a FSU graduate, works in his off-duty time for a Seminole booster group on occasion and has numerous other ties to the university?  Nah.

Maybe another fast food chain will pick up the pretzel bun now that Wendy's is no longer going to offer it.  Never tried one although I used to love pretzel bagels at the bagel shop I went to.  They had great pizza bagels too.

Who is the father of Khloe Kardashian?  Who cares is a better question.

Gotta give props to the Knightstown, Indiana police chief who is going to take a 50,000 volt charge from a stun gun in a fundraising stunt.  The money is desperately needed to get a new squad car for the small town force.

Anyone who I text who thinks my use of a period to end a sentence is anything other than good grammar is being silly.  I use exclamation points to express feeling, not periods.

How many of the men who own businesses that want to exercise their "religious rights" and deny access to birth control as part of their health plans, are going to continue to cover Viagra and in vitro fertilization as part of their healthcare plans?  After all, if one is "God's will", aren't they all?

I wonder how much the city officials in Irwindale who rushed to court to force Huy Fong Foods to stop making their incredibly popular Sriracha sauce at the large plant they built there, will be whining like babies when the company relocates and takes their jobs and city tax revenue elsewhere.

Looks like the Barenaked Ladies are reconsidering their decision to perform at Sea World after they watched the documentary film "Blackfish".  Wonder if other bands will follow suit?

How many of the people who gripe about the low wages paid by Wal Mart, fast food places and the like continue to patronize those businesses?  Are they willing to pay more so that those employees get paid more? 

Will YouTube ever realize I'm not going to subscribe to any channels, no matter how many they suggest?

* * *

November 27th in History:

25 – Luoyang is declared capital of the Eastern Han Dynasty by Emperor Guangwu of Han.
176 – Emperor Marcus Aurelius grants his son Commodus the rank of "Imperator" and makes him Supreme Commander of the Roman legions.
395 – Rufinus, praetorian prefect of the East, is murdered by Gothic mercenaries under Gainas.
511 – King Clovis I dies at Paris ("Lutetia") and is buried in the Abbey of St Genevieve. The Merovingian Dynasty is continued by his four sons — Theuderic I, Chlodomer, Childebert I and Chlothar I — who divide the Frankish Kingdom and rule from the capitals at Metz, Orléans, Paris and Soissons.
602 – Emperor Maurice is forced to watch his five sons be executed before being beheaded himself; their bodies are thrown into the sea and their heads are exhibited in Constantinople.
1095 – Pope Urban II declares the First Crusade at the Council of Clermont.
1295 – The first elected representatives from Lancashire are called to Westminster by King Edward I to attend what later became known as "The Model Parliament".
1703 – The first Eddystone Lighthouse is destroyed in the Great Storm of 1703.
1727 – The foundation stone to the Jerusalem's Church in Berlin is laid.
1807 – The Portuguese Royal Family leaves Lisbon to escape from Napoleonic troops.
1810 – The Berners Street Hoax was perpetrated by Theodore Hook in the City of Westminster, London.
1815 – Adoption of Constitution of the Kingdom of Poland.
1830 – St. Catherine Laboure experiences a vision of the Blessed Virgin standing on a globe, crushing a serpent with her feet, and emanating rays of light from her hands.
1835 – James Pratt and John Smith are hanged in London; they are the last two to be executed for sodomy in England.
1839 – In Boston, Massachusetts, the American Statistical Association is founded.
1856 – The Coup of 1856 leads to Luxembourg's unilateral adoption of a new, reactionary constitution.
1863 – American Civil War: Confederate cavalry leader John Hunt Morgan and several of his men escape the Ohio Penitentiary and return safely to the South.
1863 – American Civil War: Battle of Mine Run – Union forces under General George Meade take up positions against troops led by Confederate General Robert E. Lee.
1868 – American Indian Wars: Battle of Washita River – United States Army Lieutenant Colonel George Armstrong Custer leads an attack on Cheyenne living on reservation land.
1886 – German judge Emil Hartwich sustains fatal injuries in a duel, which would become the background for Theodor Fontane's Effi Briest.
1895 – At the Swedish-Norwegian Club in Paris, Alfred Nobel signs his last will and testament, setting aside his estate to establish the Nobel Prize after he dies.
1901 – The U.S. Army War College is established.
1912 – Spain declares a protectorate over the north shore of Morocco.
1924 – In New York City, the first Macy's Thanksgiving Day Parade is held.
1934 – Bank robber Baby Face Nelson dies in a shoot-out with the FBI.
1940 – In Romania, the ruling Iron Guard fascist party assassinates over 60 of arrested King Carol II of Romania's aides and other political dissidents, including former Prime Minister Nicolae Iorga.
1940 – World War II: At the Battle of Cape Spartivento, the Royal Navy engages the Regia Marina in the Mediterranean Sea.
1942 – World War II: At Toulon, the French navy scuttles its ships and submarines to keep them out of Nazi hands.
1944 – World War II: RAF Fauld explosion – An explosion at a Royal Air Force ammunition dump in Staffordshire kills seventy people.
1950 – Korean War: Troops from the People's Republic of China launch a massive counterattack in North Korea against South Korean and United Nations forces (Battle of Chosin Reservoir), ending any hopes of a quick end to the conflict.
1954 – Alger Hiss is released from prison after serving 44 months for perjury.
1963 – The Convention on the Unification of Certain Points of Substantive Law on Patents for Invention is signed at Strasbourg.
1965 – Vietnam War: The Pentagon tells U.S. President Lyndon B. Johnson that if planned operations are to succeed, the number of American troops in Vietnam has to be increased from 120,000 to 400,000.
1968 – Penny Ann Early became the first woman to play major professional basketball, for the Kentucky Colonels in an ABA game against the Los Angeles Stars.
1971 – The Soviet space program's Mars 2 orbiter releases a descent module. It malfunctions and crashes, but it is the first man-made object to reach the surface of Mars.
1973 – Twenty-fifth Amendment: The United States Senate votes 92 to 3 to confirm Gerald Ford as Vice President of the United States. (On December 6, the House will confirm him 387 to 35).
1975 – The Provisional IRA assassinates Ross McWhirter, after a press conference in which McWhirter had announced a reward for the capture of those responsible for multiple bombings and shootings across England.
1978 – In San Francisco, California, city mayor George Moscone and openly gay city supervisor Harvey Milk are assassinated by former supervisor Dan White.
1978 – The Kurdistan Workers' Party (PKK) is founded in the city of Riha (Urfa) in Turkey.
1983 – Avianca Flight 011: A Boeing 747 crashes near Madrid's Barajas Airport, killing 181.
1984 – Under the Brussels Agreement signed between the governments of the United Kingdom and Spain, the former agreed to enter into discussions with Spain over Gibraltar, including sovereignty.
1989 – Avianca Flight 203, a Boeing 727, explodes in mid-air over Colombia, killing all 107 people on board and three people on the ground. The Medellín Cartel will claim responsibility for the attack.
1991 – The United Nations Security Council adopts Security Council Resolution 721, leading the way to the establishment of peacekeeping operations in Yugoslavia.
1992 – For the second time in a year, military forces try to overthrow president Carlos Andres Perez in Venezuela.
1997 – Twenty-five are killed in the second Souhane massacre in Algeria.
1999 – The left-wing Labour Party takes control of the New Zealand government with leader Helen Clark becoming the first elected female Prime Minister in New Zealand's history.
2001 – A hydrogen atmosphere is discovered on the extrasolar planet Osiris by the Hubble Space Telescope, the first atmosphere detected on an extrasolar planet.
2004 – Pope John Paul II returns the relics of Saint John Chrysostom to the Eastern Orthodox Church.
2005 – The first partial human face transplant is completed in Amiens, France.
2006 – The Canadian House of Commons approves a motion tabled by Prime Minister Stephen Harper recognizing the Québécois as a nation within Canada.

Famous Folk Born on November 27th:

Robert R. Livingston
Cornelius Vanderbilt II
Charles A. Beard
Charles Dvorak
Vito Genovese
James Agee
Chick Hearn
Buffalo Bob Smith
Cal Worthington (http://www.youtube.com/watch?v=dOCNphyw2OE)
Benigno Aquino, Jr.
Gordon S. Wood
Al Jackson, Jr.
Gail Sheehy
Eddie Rabbitt (http://www.youtube.com/watch?v=jtLrTrjwzLo)
Marilyn Hacker
Barbara Anderson
Kathryn Bieglow
Sheila Copps
Curtis Armstrong
Bill Nye (the science guy)
William Fichtner
Ambassador Caroline Kennedy
Mike Scioscia
Tim Pawlenty
Samantha Bond
Steve Oederkerk
Davey Boy Smith
Fisher Stevens
Robin Givens
Michael Vartan
Brooke Langton
Erik Menendez
Nick Van Exel
Shane Salerno
Samantha Harris
Hilary Hahn
Alison Pill

Today's movie quotes will come from several films.  First, to honor William Fichtner, from the remake of "The Longest Yard" (Fichtner made a great 'Captain Knauer')

Captain Knauer: Do you have any idea who's beating you out there? This was supposed to be a blow out and they're showing you up in front of the whole nation. The whole nation!
Guard Engleheart: I like it when he's angry.

#2

Switowski: He broke-ded my nose
Paul 'Wrecking' Crewe: Let me try to fix that.
[Crewe fixes his nose]
Switowski: How do I look?
Caretaker: Much better, like a young Michael Jackson.
Switowski: I love little Michael.

Next we have a couple from "Revenge of the Nerds" where Curtis Armstrong played the unforgettable 'Booger':

[Lewis and Gilbert are discussing Gilbert's girlfriend, innocently]
Booger: Big deal! Did you get in her pants?
Gibert: She's not that kind of girl, Booger.
Booger: Why? Does she have a penis?

#2

Takashi: Excuse please, but why do they call you "booger"?
Booger: [picking his nose] I don't know.

#3

Betty Childs, Pi-Delta-Pi: [blissfully] Oh, Stan. You were wonderful. You did things to me you've never done before.
[Lewis takes off his mask]
Betty Childs, Pi-Delta-Pi: [gasps] Ahhh! You're that NERD!
Lewis: Yeah.
Betty Childs, Pi-Delta-Pi: [blissfully] Oh, you were wonderful.
[gasps in ecstacy]
Betty Childs, Pi-Delta-Pi: Are all nerds as good as you?
Lewis: Yes.
Betty Childs, Pi-Delta-Pi: How come?
Lewis: 'Cause all Jocks ever think about is sports, all we ever think about is sex.

I was going to include quotes from one of the films of Bruce Lee, but the dialogue from all save Enter the Dragon is really cheesy and I've done that film within the last few months.  I will share this, from "The Game of Death" though:

Billy Lo: You lose Carl Miller!

It is worth noting that the yellow tracksuit with the black trim that Bruce Lee wore in "The Game of Death" was paid a tribute in the first film quoted above.  In "Revenge of the Nerds," 'Takashi' wears the same tracksuit while competing in the tricycle race.