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Quick Analysis

Obama’s Failed Cuba Policy

It has been a year since the White House’s opening of relations with Cuba. Mr. Obama’s policy may soon be broadened, as the President considers travelling to the island nation in the near future.

A review of the results indicate that the move was a significant error. Havana, Instead of responding to the White House’s embrace with a less belligerent foreign policy and enhanced human rights at home, has doubled down on the worst aspects of the Castro family regime.

It didn’t take long for Cuba to rebuke Obama’s bid for friendship. Foreign Policy noted:

“Indeed, no sooner had Castro met with Obama than he took to the floor of the U.N. General Assembly to unleash a typical jeremiad against the United States, chockfull of hoary Cold War rhetoric denouncing the embargo, demanding reparations (to the tune of $1 trillion) for the embargo, ordering the return of the U.S. naval facility at Guantanamo Bay, and calling for Puerto Rican independence (which Puerto Ricans do not even want.)”

The Washington Post  has reported: President Raúl Castro’s regime… “seems to have done little beyond reopening its Washington embassy…Mr. Castro’s son-in-law, an army general, still controls the dollar-earning tourist industry, the Internet largely remains unavailable to ordinary Cubans, and, most important, dissidents remain subject to arbitrary arrest and detention — including several snatched off the streets for daring to approach Pope Francis during his recent visit.”

According to information from The Institute for Cuban and Cuban-American Studies (ICCAS) at the University of Miami, originally shared with the Panama Post, “General Leopoldo Cintra Frías, head of the Cuban Armed Forces…is leading a group of Cuban military personnel … in support of Syria’s dictator Assad and, in Cold War fashion, the Russian contingent…two Russian-made planes arriving in Syria carrying approximately 300 Cuban soldiers. They further detail that the Cuban soldiers will man Russian tanks that have been provided to Syrian head-of-state Bashar al-Assad. Their duty will be to fight Islamic State forces and others who threaten Assad’s grip on power.”

The Castro family regime has not limited its aggressive and disturbing foreign policy moves to areas far from the Western Hemisphere. Capitol Hill Cubans outlined several examples that indicate Havana is continuing its threatening practices, which have included arms deals with North Korea and South American terrorists:

“- Russian intelligence ship, Yantartargeted a U.S. nuclear missile submarine base and underwater transit routes off the eastern seaboard, as it headed for safe-harbor in Cuba. Throughout the year, the Castro regime has continued to host and harbor Russian spy ships tasked with monitoring sensitive U.S. defense networks

“- As Russia restores military-industrial cooperation with Cuba, it may soon reopen the Lourdes signal intelligence center near Havana, announced a senior member of the State Duma Security Committee.
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“- “We intend to continue cooperation in supplying the Cuban Revolutionary Armed Forces with modern weapons and military hardware,” Russian Defense Minister Sergey Shoigu said at a meeting in Moscow with Deputy Chairman of the Council of Ministers of Cuba Ricardo Cabrisas.

“- A Russian spy ship, The Viktor Leonovreturned to the Port of Havana during a visit by European Union’s foreign policy chief, Federica Mogherini. Her visit to Cuba also ‘coincided’ with a visit by Russian Foreign Minister Sergey Lavrov.

“- A Russian spy ship docked in central Havana on the eve of a visit to Cuba by the first U.S. delegation for “normalization” talks. The Viktor Leonov, an armed intelligence-gathering vessel that monitors US communications, arrived at a passenger cruise terminal in full public view for what a Russian embassy official called a “friendly” three-day stay.”

Internally, Cuba a remains as repressive as ever. The Heritage Foundation reports:

“Cuba is further than ever from becoming a democracy where people enjoy normal civil liberties; it is in fact closer to becoming what China specialist have identified as a rival model, a ‘resilient authoritarian regime’… the Castro regime thumbed its nose at the world by arresting between 150-200 dissidents on Human Rights Day…regime-organized mobs have blocked a brave group of middle-aged women known as the Ladies in White from marching after church service. These women are always insulted, often beaten and occasionally arrested.”

“Meanwhile, Castro has put family members in charge of a corrupt regime that can now expect to have durability after the two Castro brothers pass from the scene. Castro’s son-in-law, Gen. Luis Alberto Rodriguez, controls an estimated 90 percent of the Cuban economy through the holding company he leads, GAESA. As Bloomberg put it recently about would-be foreign investors, “wait until they learn all roads lead to Raul Castro’s son-in-law.”

“The island’s defenseless dissidents have bitterly denounced what they term Obama’s betrayal of their movement.”

The Wall Street Journal ‘s Bret Stephens reports that, since Obama’s opening to Havana last year, 8,000 cubans have been arrested for political reasons.

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Brunson and Butler on the Vernuccio Novak Report

Author and Middle Eastern Affairs expert Ben Brunson, and financial planner In maturity, it aids in keeping the viagra online online muscular tissues and bones physically powerful. However, there could be other physical or psychological factors responsible for purchase levitra affecting your erectile function. A proper report of the past treatment methods and techniques might work for some, they may not have Visit This Link viagra on line the same potency as that of their tablet equivalent, but they come in an extensive range with a host of benefits. Why Buy Anti-ED Drugs Online? It is quite free sample of viagra difficult to find such products in the market. and radio personality Charles Butler appear on this week’s Vernuccio/Novak Report.

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Quick Analysis

President Obama vs. the Pentagon

Many across the world have been startled by President Obama’s minimal response to national security threats, including expanded terrorist attacks within the United States, Russia and China’s increases in both military spending and aggressiveness, and the nuclear ambitions of Iran and North Korea.

Unlike prior debates on how much to spend and what defense policies to pursue, the concern expressed by many, including Republicans, some Democrats, and a number of retired generals and admirals—as well as at least one former secretary of defense—is that President Obama ignores and distrusts the military to an unprecedented degree.

According to a Government Accountability Institute report, “[During] the president’s first 2,079 days in office, running from January 20, 2009 through September 29, 2014… Obama attended a total of 875 Presidential Daily Briefs for an overall 42.09% attendance rate. Additionally, GAI compared the attendance rate during the first term to the attendance rate in the second term… First Term: President Obama was inaugurated on January 20, 2009 and was re-elected in November 2012. Between January 20, 2009 and January 19, 2013, President Obama attended 620 PDBs over a possible 1,461 days for a 42.43% attendance rate. • Second Term: President Obama was inaugurated for his second term on January 20, 2013. Between January 20, 2013 and September 29, 2014, President Obama attended 255 PDBs over a possible 618 days for a 41.26% attendance rate.”

The President’s apparent disdain for military advice and disinterest in national security matters has created significant concern in Washington. According to the Washington Times,  “Key lawmakers from both parties say frustration with the White House among the top military officers is at its highest level in decades, the product of President Obama’s cautious approach to the wars in Syria and Iraq and an indecisive inner circle of White House advisers who, critics say, have iced the Pentagon out of the policymaking process.”

It’s not just uniformed officers and GOP elected officials that are concerned. The Washington Times also quotes Rep. Adam Smith, the ranking Democrat on the House Armed Services Committee. “Frustration among the uniformed service is real… does keep things in the White House and has not been more inclusive in the decision-making process.”
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Breitbart  reports: “Former Defense Secretary Robert Gates said President Obama distrusted the military, and “this was particularly true in Afghanistan  I think there were people in the White House, and I don’t want to name any names, who were constantly goading him and saying the military is trying to box you in. the military is trying to trap you. the military is trying to bully you. The military is trying to make you do something you don’t want to do.”

When asked if Vice President Joe Biden was one of these people, Gates answered, “I think so. And I was told so. And I think — but he was not alone, and you can argue with the options that they were putting forward, as President Bush did.  You can disagree with them, as President Bush did. That’s totally fair, in my view. But, to think that they are trying to mousetrap you, I think is a — if I were the president and I truly believed that, I would replace those commanders that I felt were trying to trick me. So, I just — I worried a lot that he was hearing from people, things that made him worry that the military was consciously trying to thwart his will, consciously trying to be insubordinate, and I never believed any of that for a second.”

The Fiscal Times notes:  “pushback from military commanders has been silenced by a distrustful White House that’s jealous of control and willing to penalize those who stray from the Oval Office narrative … Our military is being interfered with and directed by President Obama and a national security team that one retired general has described as ‘pathetically weak.’ …The Obama White House is remarkably devoid of ex-soldiers; that’s not an accident. The president’s contentious relationship with the military is well known.

“Confronting President Obama is risky. Senior military commanders who have gone public with their disagreements can find themselves facing early retirement. Sir Hew Strachan, a senior defense strategist in the U.K., cites the ouster of General Stanley McCrystal as a case in point… Senator John McCain has accused the White House of pushing out both Marine General James Mattis from U.S. Central Command and Army Lt. General Michael Flynn from the DIA for having contradicted Obama’s policies. Joint Chiefs Chairman Martin Dempsey also broke with Obama numerous times, citing Russia as a major threat, for instance, and saying we might need boots on the ground to defeat ISIS. Dempsey retired in September.”

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Quick Analysis

Russia, China, North Korea aid Iran’s nuclear and ICBM development

Much attention has been paid to Iran’s nuclear program. The issue that concerns most is that the deal doesn’t prevent the development of atomic weapons in the future, and doesn’t appear likely to even stop ongoing such development in the present. However, other deadly military efforts have been largely overlooked.

The Russian news source RT reports that the Tehran government is expanding its ballistic missile program.  Iran carried out a missile test in October, violating a UN Security Council resolution forbidding the construction of missiles capable of carrying nuclear warheads.

The Wall Street Journal noted at the close of 2015 that “Iranian President Hassan Rouhani ordered his defense minister to expedite development of the country’s ballistic missile program in response to new U.S. sanctions set to be imposed on Iranian defense companies. Mr. Rouhani’s comments, made on his official Twitter account…cast fresh doubts on the prospects for the U.S. and Iran to successfully implement the landmark nuclear agreement reached last July.” The new American sanctions were proposed in response to two Iranian ballistic missile tests  over the past three months.

Even before the new advances, research from the United States Institute of Peace  revealed that “Iran has the largest and most diverse ballistic missile arsenal in the Middle East. (Israel has more capable ballistic missiles, but fewer in number and type.) Most were acquired from foreign sources, notably North Korea. The Islamic Republic is the only country to develop a 2,000-km missile without first having a nuclear weapons capability. Iran is still dependent on foreign suppliers for key ingredients, components and equipment, but it should eventually be able to develop long-range missiles over time, including an Intercontinental Ballistic Missile or ICBM.

Currently, Iran fields a sophisticated medium range ballistic missile that has a range of 1,200 miles. The weapon, known as the Shahab-3, is based on the North Korean “NoDong 1” missile. But has been improved to provide longer range and better accuracy, according to the Iran Intelligence  source. Iran has been the world’s third most active missile testing nation, topped only by Russia and China.
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The American Foreign Policy Council Task Force reported in October that “Willing foreign suppliers exist at both the state and non-state level. At the state level, Iran’s ongoing – and extensive – strategic alliance with the North Korean regime poses considerable future risks, insofar as nuclear and ballistic missile cooperation between the two countries has a long history and is ongoing. Similarly, multiple private entities involved in Iran’s nuclear and ballistic missile programs continue to operate within the People’s Republic of China, and have been estimated to provide as much as 90 percent of the necessary “goods and technology” for both. As such, nonproliferation experts have warned that “[t]here is considerable risk that Tehran could covertly procure nuclear materials from Chinese brokers and circumvent a nuclear deal by secretly creating a new parallel nuclear program.” At the same time, Iran will have both greater incentive and greater capability to engage in “offshore” development of a nuclear capability, relying on its existing strategic partnerships abroad to continue nuclear development outside of territorial Iran. Here, too, Iran’s contacts with North Korea represent a source of serious concern, with one or more of the nuclear tests carried out by the DPRK over the past decade believed to have been carried out at least in part to test Iranian capabilities.”

The International Business Times reports that “Russia currently has a deal in place from April to supply Iran with the S-300 missile defense system. It’s yet to be seen how it will be completed given that Iran is now banned from buying missile technology for eight years.”

The Rand organization notes that  “Over the past few decades, China and Iran have developed a broad and deep partnership centered on China’s energy needs and Iran’s abundant resources as well as significant non-energy economic ties, arms sales and defense cooperation, and geostrategic balancing against the United States. This partnership presents a unique challenge to U.S. interests and objectives. In particular, China’s policies have hampered U.S. and international efforts to dissuade Iran from developing a nuclear weapons capability…China has aided Iran’s efforts to modernize its military hardware and doctrine through the transfer of military technology and sales of small arms and tactical ballistic and anti-ship cruise missiles. China has assisted in the development of Iran’s nuclear program via the transfer of technology and machinery.”

The Russian-Chinese-Iranian-North Korean axis presents the world with a significant threat, both in terms of total military strength (exceeding that of the U.S.-NATO alliance) as well in the proliferation of nuclear power and ICBM technology.

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Quick Analysis

2015’s Major policy errors

Every year has its share of bad policies, incidents of poor judgment, and significant missteps by government, the media, and other centers of power. However, 2015 had more than the usual amount of extremely serious errors.

  1. “The Shadow of the Crisis of Terrorism has passed.”President Obama, 2015 State of the Union Address. Throughout 2015, it became increasingly clear that the White House had lost its grip on reality concerning the threat of terrorism. The statement continued a woeful record of stunning missteps in the Administration’s Middle East policy, including the President’s “Apology tour,” support for the pro-extremist “Arab Spring” movements, the alienation of close ally Israel, and the one-sided Iran nuclear deal which has already been dishonored by Tehran. The stunning lack of perception or concern was repeated by Mr. Obama shortly before the San Bernardino attack, when he again stated his belief that the U.S. was not in immediate danger, and in its aftermath when the President, in a rare Oval Office address, essentially claimed his policies were working and instead issued comments concentrating on his beliefs about anti-Moslem bias and stock comments on gun ownership. Adding to the problem has been the unilateral nature of the White House’s actions in  Mideast matters. The Senate has largely been denied its’ rightful role in foreign affairs, particularly in the Iran nuclear deal, through the Administrations’ continuing tactic of labelling treaties—which the Constitution mandates Senate approval for—as agreements, or other labels.
  1. “Hands Up, Don’t Shoot!” It turns out there wasn’t any wrongdoing by the police in Ferguson in this incident, but that didn’t stop left-wing spokespersons and racial profiteers from using it as an excuse to gin up support for progressive candidates and issues throughout the nation. The Black Lives Matter movement has become a major source of disruption throughout the U.S., setting back years of improvement in racial relations. Police have become targets.  While isolated incidents of police misconduct undoubtedly exist, the portrayal of American law enforcement as having major problems with bigotry is patently false. The shameful conduct of the U.S. Justice Department, which has exhibited a shoot first, ask questions later in its actions targeting police officers and exploiting incidents, real and otherwise, for political purposes, is a textbook example of unprofessionalism.
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  1. White House continues to stonewall Benghazi investigation. “What does it matter.”Hillary Clinton in testimony before Congress, January 23, 2013. Hillary Clinton certainly wishes the Benghazi incident be forgotten, but the evidence became increasingly clear in 2015 that the State Department acted inappropriately and possibly illegally before and throughout the attack on the U.S. facility that resulted in the death of U.S. Ambassador J. Christopher Stevens, Information Officer Sean Smith, and operatives Glen Doherty and Tyrone Woods on September 11, 2012. In 2015, A number of sources indicated that the State Department was running guns out of Benghazi to forces opposing Syrian dictator Bashar al Assad. Although the cause may have been worthy, those forces appear to be associated with Islamic extremists, who are even more eager to attack Americans. Providing weapons to them is forbidden by federal law and punishable by very substantial prison terms.  It’s no wonder Ms. Clinton is eager to put the incident behind her. Making matters even worse, it’s clear, based on emails obtained by Judicial Watch at the end of 2015 as a result of a Freedom of Information lawsuit, that the U.S. military was ready, willing, and fully capable of mounting a rescue mission, but was told to stand down by the State Department. The outright lies that came from both the White House and the State Department about the role of a video continued to force Americans to doubt the integrity of both the White House and the State Department throughout 2015.
  1. The Paris Climate Agreement. Whether one believes in man-made global warming or doubts human activity plays much of a role at all, the Paris Climate Agreement was a mistake.

First, of course, there is that familiar Obama Administration problem—calling an important international treaty an “agreement” in order to avoid the Constitutional role of the Senate.  You don’t have to be a Republican to see the issue here.  Presidents are not the whole government—the Founding Fathers set up three branches of government in order to prevent anyone from gaining excessive power. Mr. Obama has consistently run roughshod over that safeguard.

Second, if one agrees with the concept of global warming, the Paris Agreement does not go far enough to make any significant difference in deterring future warming, while costing upwards of $100 billion, and jeopardizing the economic health of developed nations by mandating the substantial reduction of some energy sources long before any truly effective substitutes can be found.  If one disagrees with the concept of man-made global warming, then the intentional refusal to consider the views of a significant percentage of the scientific community, along with the numerous reports of falsified data and politically-motivated warping of research by warming theory advocates makes this deal an insult to the whole concept of the scientific process. And there is this: A number of astronomers specializing in studying the sun maintain that for the next half century or so, global cooling, not warming, may be the biggest challenge to our environment.

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U.S. Economy Ends 2015 in Slump

The Institute for Supply Management (ISM) reports that economic activity in the manufacturing sector contracted in December for the second consecutive month. The Wall Street Journal notes that “U.S. factories are in their worst slump since 2009.” Manufacturing accounts for about 12% of the U.S. economy, but its impact on middle-class employment and the U.S. balance of trade is even greater.

While U.S. manufacturing had declined before 2000, the precipitous drop, and its dire impact on the U.S. balance of trade and middle-class employment, had its origins in President Clinton’s allowing China to enter the World Trade Organization (WTO).

The Manufacturing News notes that “Since 2000, the trade deficit with China has surged by 173 percent, from $83 billion in 2000 to $227 billion in 2009. The United States has lost more than one-third of all its manufacturing jobs — 5.6 million; U.S. wages have declined; the country has suffered a financial meltdown; it has spent $14 trillion on economic stimulus, only to experience the highest unemployment rates in generations and annual federal budget deficits of more than $1 trillion.”

Speaking about the manufacturing sector, ISM’s chair Bradley J. Holcomb reported that “The December PMI® registered 48.2 percent, a decrease of 0.4 percentage point from the November reading of 48.6 percent. …The Employment Index registered 48.1 percent, 3.2 percentage points below the November reading of 51.3 percent. The Prices Index registered 33.5 percent, a decrease of 2 percentage points from the November reading of 35.5 percent, indicating lower raw materials prices for the 14th consecutive month. The New Export Orders Index registered 51 percent, up 3.5 percentage points from the November reading of 47.5 percent and the Imports Index registered 45.5 percent, down 3.5 percentage points from the November reading of 49 percent. As was the case in November, 10 out of 18 manufacturing industries reported contraction in December. Contraction in new orders, production, employment and raw materials inventories accounted for the overall softness in December.”

ISM reports that of the 18 manufacturing industries, six are reporting growth in December in the following order: Printing & Related Support Activities; Textile Mills; Paper Products; Miscellaneous Manufacturing; Chemical Products; and Food, Beverage & Tobacco Products. The 10 industries reporting contraction in December — listed in order — are: Apparel, Leather & Allied Products; Plastics & Rubber Products; Machinery; Primary Metals; Fabricated Metal Products; Transportation Equipment; Electrical Equipment, Appliances & Components; Computer & Electronic Products; Wood Products; and Nonmetallic Mineral Products.

 

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“But there is another big factor that is not often mentioned and has a huge effect on both the manufacturing sector and jobs. That factor is the growing trade deficit which is really the ultimate determinant of job creation in the U.S.

“Dan Dimicco, chairman emeritus of Nucor Corporation…says in 2013, net trade subtracted about 3% from our economy (because imports exceeded exports). This shrinkage is cumulative, compounding year after year.” In the case of America we have had trade deficits for 39 years and it is now more than an $8 trillion debt. But why isn’t the government, Wall Street, multinational corporations, and many pundits and bloggers worried about the growing trade deficit? Why is the trade deficit largely ignored while everyone is more concerned about the federal deficit? Wall Street, the Multi-national corporations and the Obama Administration have adopted a policy of appeasement where foreign mercantilism seems to be irrelevant and attempts at balancing trade are ignored. It is as if the trade deficit is an open ended charge account that is simply an accounting summary that will never have to be paid back. All of our trading partners (competitors) understand trade deficits and they do something about them.”

The Federal Reserve Bank of Atlanta  also issued disappointing news, noting that “The GDPNow model forecast for real GDP growth (seasonally adjusted annual rate) in the fourth quarter of 2015 is 0.7 percent on January 4, down from 1.3 percent on December 23. The forecast for the contribution of net exports to fourth-quarter real GDP growth fell 0.1 percentage points to -0.4 percentage points on December 29 after the U.S. Census Bureau’s advance report on international trade in goods. “

Overall, according to the December report from the U.S. Census Bureau and the U.S. Bureau of Economic Analysis :

“The goods and services deficit for the whole U.S. economy was $43.9 billion in October, up $1.4 billion from $42.5 billion in September, revised. October exports were $184.1 billion, $2.7 billion less than September exports. October imports were $228.0 billion, $1.3 billion less than September imports. The October increase in the goods and services deficit reflected an increase in the goods deficit of $2.1 billion to $63.1 billion and an increase in the services surplus of $0.6 billion to $19.2 billion. Year-to-date, the goods and services deficit increased $22.2 billion, or 5.3 percent, from the same period in 2014. Exports decreased $84.7 billion or 4.3 percent. Imports decreased $62.5 billion or 2.6 percent.”

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Top under reported stories of 2015

The 24 hour news cycle makes it hard to believe that any scrap of news didn’t get extensive coverage.  The reality is, however, the stories that may have the greatest impact in the very near future went underreported throughout 2015.  We review the most significant.

Russia’s rise to power: Yes, Moscow’s invasion of Ukraine was widely covered, but far less reported was the major buildup of the Russian military—except, of course, in the New York Analysis of Policy & Government and a small number of specialized publications. The change in the balance of power over recent years has been dramatic.  For the first time in history, the Kremlin has a greater nuclear force than the United States. Thanks to President Obama’s inexplicable and barely noted withdrawal of all American tanks from Europe (a few have since been returned) Moscow now has a significant advantage in conventional power in the European theater as well.  Putin’s reach extends far beyond Europe.  His nuclear bombers have resumed cold war patrols over the U.S. coastlines, as has his submarines. Combined with military agreements with Cuba and Nicaragua, the threat has been brought to America’s doorstep.

Mitt Romney, who noted this turn of events during his failed 2012 Presidential bid, was mocked at the time for his prediction.

China’s ascension to military dominance in Asia—and beyond. China’s aggressive acts, its establishment of military bases on rocky outcroppings in vital shipping lanes, and the intimidation of its neighbors were reported.  But little discussion, again except in specialty sites such as these pages, was held about why Beijing was able to do so without fear of retribution.  The fact is, China’s military has leaped to superpower status, and it is still growing dramatically.  It’s navy already has more submarines than its U.S. counterpart. By 2020, its fleet will be larger than America’s. There are consistent reports that its nuclear forces, secreted in a vast network of underground tunnels, may be the largest on the planet.  Its cyber warfare forces are vast and actively assault western military, civilian and corporate sites consistently. By stealing technological secrets from the West, Beijing has been able to construct a very highly advanced military at a fraction of the cost to U.S. taxpayers.

The new Axis of Evil.  The United States defeated the Soviet Union in the Cold War in part because of the Reagan military buildup, as well as the maintenance of a strong system of alliances and the cooperation of China. The tables have been turned.  China and Russia are now allies, training jointly in Asia, Europe, and elsewhere.  They are allied with Iran, North Korea, Cuba, Nicaragua, and others. The United States, over the past several years, has weakened its alliances both through diplomatic errors and outright policy reversals on the part of the Obama White House, as well as a growing international sense that the USA is no longer a reliable partner when the chips are down.  Certainly, the diminished pentagon budget plays a role in the worries America’s allies have in Washington’s ability, and willingness, to its treaty commitments.

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As the New York Analysis previously reported, 31,072 American scientists, including 9,029 with PH.D’s, have opposed the views of those who claim human factors have altered the climate.

They were joined by those concerned that unproven and faulty global warming theories are being used as an excuse to enhance governmental authority, establish a more centralized economy, and enrich special interests. The U.S. Chamber of Commerce cites the astounding cost of the White House’s preferences, estimated at $50 billion annually.

With both the President and the media favoring the views of the climate change adherents, relatively little unbiased information has been made available to the public.

Even some advocates of global warming have objected to governmental intervention. Professor Richard Lindzen of MIT, quoted in infowars.com,  notes that the changes due to global warming are too small to account for.  He stated that in the January 2014 article that  “Global warming, climate change, all these things are just a dream come true for politicians. The opportunities for taxation, for policies, for control, for crony capitalism are just immense, you can see their eyes bulge.”

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Key challenges await White House attempt to regulate guns

President Obama is considering unilateral action regulating the personal possession of weapons. Today, he is meeting with Attorney General Loretta Lynch to discuss the matter, and review how he can utilize executive power to take action without the consent of Congress.

Both sides of the issue will weigh in on the expected proposals, but there will be an unfortunate lack of discussion on the only two truly relevant issues: One, will the restrictions actually deter those who would use weapons for bad purposes, or will the measures simply serve to deprive honest citizens of their Second Amendment rights? Second, can restrictions be emplaced in the absence of a full-fledged Constitutional Amendment?

One of the obstacles to a meaningful dialogue about the role of guns in modern society is the refusal of gun ownership opponents to discuss a key problem of regulation. Law-abiding citizens will obey such measures; those who would abuse weapons will not.  It is evident that a perpetrator who will rob, rape, or kill will not be even remotely concerned with any gun possession or sale restrictions. On the other hand, many proponents of the retention and exercise of Second Amendment rights vehemently oppose any consideration of measures such as registration or gun show exemptions, appropriately fearful that such measures are the start of a slippery slope that eventually will lead to banning all weapons possession, abrogating one of the ten sections of the Bill of Rights.

Depending on the specifics of the President’s plan, his actions might be in defiance of the Second Amendment, which establishes the right to gun ownership, and a host of Supreme Court decisions which have affirmed that right for private citizens. Other jurisdictions, such as Chicago, have alleged that their restrictions didn’t violate the Second Amendment but merely provided common-sense restrictions. The effect, however, was a violation of the Bill of Rights.

(In  2010’s McDonald v. Chicago,  the U.S. Supreme Court determined that the Second Amendment applies to the individual states. The Court held that the right of an individual to “keep and bear arms” protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The Supreme Court verdict rejected a lower court ruling that upheld a Chicago ordinance banning the possession of handguns as well as other gun regulations affecting rifles and shotguns.)

A unilateral action on the part of the White House could also violate the Administrative Procedure Act,  which mandates that proposed actions be made available to the public for comment before becoming effective.

The White House most probably will describe its’ action as not restricting the Second Amendment, but as providing measures to close loopholes in areas such as registration and the ability to sell in certain types of forums. Opponents of the President will note that the Executive Branch of government does not have the authority to enact measures which are legislative in nature, and which could essentially “chill” or limit a Constitutional right.

One of the most recent decisions of the U.S. Supreme Court on point was the verdict in District of Columbia et al. v. Heller, which held that “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”
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Attempts to limit gun ownership through executive action also would present a conflict with the  Constitutional doctrine of the separation of powers. Unilateral action by the President would face an overturn by the Supreme Court. As Article 1, Section 8, Clause 18 of the Constitution clearly notes, The Congress shall have Power To …make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. There is no provision granting the President the power to establish new laws, or revise existing ones, or to enact regulations or other measures which have the same effect as a law.

Even absent the Second Amendment, serious legal Constitutional questions could be argued against any federal prohibition against gun ownership.  The Ninth Amendment states:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

A further limit on Washington’s ability to do so can be found in the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Clearly, the question of gun ownership is politically contentious. Just as clear, however, is the reality that the Constitutional and legal issues have already been settled.  The U.S. Supreme Court has ruled on a number of occasions that citizens have a Second Amendment right which cannot be abrogated by anything less than a full-fledged Constitutional revision.  Any action by the President (or Congress) to do so establishes an extremely dangerous precedent. Further, executive action which is, in essence, legislative in nature is a violation of the doctrine of separation of powers.  The Executive Branch of the federal government is designed to administer, not make, law.

Critics of weapon ownership point to several high-profile mass shootings as a justification for their goal, but ignore common denominators such as untreated mental illness and terrorism that are the actual explanations for the heinous acts. Accidental deaths are also cited as a reason, but, as noted by Gun Facts  “Firearm misuse causes only a small number of accidental deaths in the U.S.  For example, compared to being accidentally killed by a firearm, you are: Five times more likely to burn to death; Five times more likely to drown; 17 times more likely to be poisoned; 17 times more likely to fall to your death; and 68 times more likely to die in an automobile accident.”

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Obama places needs of immigrants above U.S. Citizens

There is growing concern that the Obama Administration places its international agenda above the needs of the nation it was elected to serve. A prime example can be seen in the realm of employment.

Americans needing unemployment insurance benefits rose recently to the highest levels in half a year, reports the U.S. Department of Labor .   “In the week ending December 26, the advance figure for seasonally adjusted initial claims was 287,000, an increase of 20,000 from the previous week’s unrevised level of 267,000. The 4-week moving average was 277,000, an increase of 4,500 from the previous week’s unrevised average of 272,500. There were no special factors impacting this week’s initial claims.”

The prospects for improvement in the jobs picture in 2016 is not promising.  Yahoo  business notes that “Many economists expect a slower pace of job market improvement in 2016.”

Additional troubling factors include the fact that many of the jobs created in recent years are low-paying, benefit-less positions replacing well-paying jobs offering full benefits.

While Americans continue to file for unemployment benefits or take employment at far lesser pay, President Obama continues to encourage immigration. For illegal immigration, Washington continues to tolerate inadequate border security and a lack of deportation actions for illegal arrivals. For legal immigrants, the provision of benefits and work permits provides increased competition for both benefits and jobs for U.S. citizens.

The U.S. Citizenship and Immigration Services agency   states: “The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others.”

The Washington Times  notes that “net international migration is expected to add one person to the U.S. population every 29 seconds.”

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Despite the White House’s opening of relations with Cuba, the island continues to endure harsh repression from the Castro regime and a depressed economy. As a consequence, as reported in the Telegraph, “A year after relations with America began to thaw, people are leaving the island in droves, impatient at the speed of change…”

President Obama also advocates allowing up to 10,000 Syrian refugees into the U.S., despite security concerns about terrorism.

That welcome is about to be expanded. Breitbart eports that “President Barack Obama is preparing a colossal new executive action that could print-up work permits for a huge number of foreign white-collar graduates every year, above and beyond the levels set by Congress. This executive action…directly bypasses Congressional lawmakers…it will certainly raise new security concerns as it covers categories of immigration utilized by migrants from the Middle East and nearby regions. The 181-page rule focuses primarily on giving work-permits to foreign college-grads who will compete against Americans for white collar jobs, despite the large number of American graduates now stuck in lower-wage positions and struggling to pay off college debts. The rule will also make each foreign graduate much cheaper for U.S. employers to hire than many U.S.-born college grads.”

The British newspaper Daily Mail  reports that “up to 34 million blank ‘green cards’ and work permits have been  ordered.”

Much of the President’s plan is done without the consent of the legislative branch. US News  recently noted “in his efforts to work around Congress, Obama has made the aggressive use of executive power, particularly on immigration, an increasingly effective and politically accepted presidential tool.”

Writing in Roll Call,  Rep. Lou Barletta (R-Pa) states: “We have immigration laws in this country for two basic reasons: to preserve American jobs and to protect national security. President Barack Obama’s unlawful executive actions to grant amnesty to at least 5 million illegal immigrants violate both of those principles. Any objective review must find that the president’s policies have placed the concerns of those who have broken our laws ahead of the interests of citizens and legal residents of the United States… Employment is difficult enough to find for millions of Americans and legal residents who woke up this morning without a pay check. On top of that hardship, the president has now introduced millions of new applicants who will compete for jobs that are already scarce. It is difficult to imagine how such a policy is beneficial to American workers…Worse, the president has laid out the welcome mat for anyone around the world who seeks illegal access to the interior of the United States.”

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Happy New Year from the New York Analysis of Policy and Government

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