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Hiram Foster

Crystal, MN
Commenter for
7 years 1 week

Recent Comments

I think the question we have to start asking more is what the governing strategy should be in a world where the legislature is flipping every two years? In the circles where I lurk, people often asked themselves and others whether the DFL overreached in the last legislative session. My answer is always that this was the first time since 1990 or whenever when we had unbalanced government, i.e. a government actually capable of acting and responding to the state's problems. This was quite...

Posted on 11/22/14 at 08:30 am in response to We have political consultants — and we need citizen consultants

I don't think there should be a requirement that consultants must be citizens. Lott of aliens have valuable things to say too. And let's recall that while aliens can't vote, they are counted for purposes of establishing legislative districts. They also pay taxes, have many of the same rights of citizens, and if we had one, would be eligible for the draft.

I am just not sure that cynicism or just the appearance of cynicism is a reason to reject a policy. Immigration is a very real problem in this country, and the president is a addressing it. What matters is impact of his policy on people, not really his rather indeterminable subjective motivations in making such policy. Let's not forget, President Obama will be out of office in just a little two years, and when he does leave office his subjective motivations for anything he does, will shift...

Not that cynicism or lack thereof, matters a lot, but I would suggest that here, arguably, the president was acting cynically by not implementing the immigration executive orders before the election, when they could have been damaging to his cause or at least unpredictable in their political effects. By waiting until after the election, the last election that will send legislators to Washington that he will have to deal with on an extended basis, the president seems to have put self interest...

immigration is a very real problem; it is just not in presidential power to address it this way, as I tried to prove.

Your article seems to argue that it is not good policy to use presidential power this way, not that the president doesn't have such power. As for scoring political points, that's sort of a pejorative way of describing what politicians do. President Obama is responding to the needs and concerns of those who voted for him, just as his opponents are responding to their...

You don't quite argue that it is illegal. And the legal authority you cite says it's legal. I don't really think you make the argument that the president's actions are immoral either, although you may think the arguments you do raise, such as the possibility for discrimination, are moral arguments.

Discrimination, in a couple of ways, seems to be what you are concerned about. There is nothing inherently illegal, and I would suggest, immoral about discrimination. Broadly understood,...

In terms of prosecutorial discretion, something also I would add is that unlike jaywalking, being in the United States illegally is not a crime. Discretion or not, with respect to someone who is here illegally, there is nothing to prosecute.

What you argued was that you didn't like an outcome very much. That doesn't make that outcome illegal. The fact that President Obama didn't state a legal argument doesn't mean such an argument doesn't exist or isn't applicable. As for the police, they accommodate themselves to illegal alien issues all the time. Bear in mind that being an illegal alien, unlike jaywalking, is not a crime.

As for the moral arguments, they are many and cut all sorts of different ways. There are moral...

", there is a presumption of innocence but a person stopped for a law violation (jaywalking for example) should name himself and then it can be discovered (and proven) if he is here illegally."

Being here illegally is not a crime. Unlike jaywalking. Overstaying a visa is not a crime either.

"I believe there were legal cases when some policies were found discriminatory even when the intent was not."

Lots of policies are discriminatory. If, as you suggest, President Obama...

But as we all know, the vast, overwhelming number of people in this country illegally, entered this country illegally, and that is a crime.

A fair number of people who are on the other side of the street, got there by jay walking. But that statistical type statement isn't any kind of proof of anything.

The problem here is with discretion. As the author of the original piece suggests, discretion can be exercised erroneously, and it can be abused. But that doesn't mean that...