A federal district judge has said that President Barack Obama’s amnesty program for illegal immigrants…
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Fed Judge Says Obama’s Amnesty Unconstitutional

A federal district judge has said that President Barack Obama’s amnesty program for illegal immigrants violates the U.S. Constitution.

The only question: Does it matter?

Judge Arthur Schwab, a George W. Bush appointee, issued a ruling yesterday saying that, “President Obama’s executive action goes beyond prosecutorial discretion because: (a) it provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based upon arbitrary classifications, rather than case-by-case examination; and (b) it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights.”

Unfortunately, however, Judge Schwab’s declaration may be little more than a non-binding advisory opinion. According to conservative…[more]

December 17, 2014 • 02:34 pm

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Fiscal Gap Worse Than Fiscal Cliff Print
By Ashton Ellis
Thursday, December 13 2012
Unless significant reforms are made to the big entitlement programs, changes to tax rates and discretionary spending ultimately won’t make a dent in the long-term deficit.

Negotiations to avoid the fiscal cliff are understandably focusing on whether to cut or raise taxes and spending.  But those issues are secondary.  The real problem facing the federal budget is the unsustainable cost of entitlement programs like Social Security, Medicare and Medicaid.  If structural reforms aren’t made soon, the burden on future taxpayers will overwhelm any tax-and-spending deal reached now. 

In a recent report, the General Accounting Office (GAO) analyzed two scenarios that show how little difference the current focus on tax rates and spending levels will make to the long-term deficit. 

The first scenario is called a Baseline Extended simulation.  It assumes that no changes will be made to current law, meaning that no deal is reached and we go over the fiscal cliff.  Thus, the Budget Control Act (BCA) of 2011 goes into effect in January, eliminating the Bush tax cuts for all income groups, hitting thousands of tax filers with the Alternative Minimum Tax and cutting 10 percent from every federal department’s budget. 

The GAO’s Alternative simulation assumes that the BCA does not become law because President Barack Obama and Congressional Republicans are able to strike some kind of deal.  For simplicity’s sake, GAO assumes that all of the Bush tax cuts are extended and the AMT is indexed for inflation, thus sparing taxpayers otherwise newly snared.  GAO also assumes discretionary spending is cut, but not as drastically. 

Under either scenario, the long-term fiscal outlook is grim.  According to GAO, going over the fiscal cliff and letting the BCA become operational means “debt as a share of GDP declines in the short term before turning up again.  In the Alternative simulation, in which these laws are assumed to not take full effect, federal debt as a share of GDP grows throughout the period.” 

In other words, the BCA makes a slight improvement in the deficit before piling up more debt.  But even that saving comes at a price.  If consumers are suddenly hit with higher income taxes they will have less money to spend in the marketplace, hurting economic growth.  Across-the-board spending cuts will impact participants in industries as diverse as higher education and defense contracting, not to mention state programs dependent on federal funds. 

But at least the BCA saves some money.  As the GAO’s Alternative simulation makes clear, simply taxing and spending at today’s rates is even worse.  America is already hurtling toward yet another debt ceiling debate because spending is drastically outpacing tax revenues. If left unreformed, the growing imbalance between tax receipts and payouts will result in more than 50 percent of the 2040 budget being eaten up by non-discretionary spending and interest payments on the national debt. 

This brings us to the real insight in the GAO study.  The problem causing the federal budget deficit isn’t primarily the level of taxes or spending, though they are major concerns.  Rather, it is the cost of non-discretionary entitlement programs like Social Security, Medicare and Medicaid.   As the American population ages, more people become eligible for guaranteed benefits that by law must be paid.  That triggers spending, regardless of whether the amount of tax revenues brought in can cover the amount owed. 

For a glance at the cost, consider Baby Boomers.  As the nation’s largest generational cohort, Boomers are retiring at a rate of 7,600 per day, as of 2011.  By 2029, that number will jump to 11,000 per day.  With more Boomers collecting Social Security and Medicare benefits every day, the percentage of the budget dedicated to those programs grows. 

The consequences are predictable.  In the words of the GAO study, “There is little room for ‘all other spending,’ which includes not only national defense, homeland security, veteran’s health care, and investment in highways and mass transit, but also smaller entitlement programs such as farm price supports and student loans.” 

In other words, unless significant reforms are made to the big entitlement programs, changes to tax rates and discretionary spending ultimately won’t make a dent in the long-term deficit.  No wonder GAO says “simulations continue to illustrate that the federal government is on an unsustainable fiscal path.”  

The real challenge facing President Obama and Congressional Republicans isn’t avoiding next month’s fiscal cliff.  It’s bridging the widening fiscal gap between promises to aging beneficiaries and the inability to pay for them. 

Question of the Week   
Which one of the following Americans was the first to successfully fly a self-propelled, heavier-than-air aircraft?
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Quote of the Day   
 
"'Elections have consequences,' President Obama said, setting his new policy agenda just three days after taking office in 2009. Three elections later, the president's party has lost 70 House seats and 14 Senate seats. The job of Republicans now is to govern with the confidence that elections do have consequences, promptly passing the conservative reform the voters have demanded. ...No subject was…[more]
 
 
—Governor Bobby Jindal (R-LA)
— Governor Bobby Jindal (R-LA)
 
Liberty Poll   

Do you approve or disapprove of the so-called “Cromnibus” bill that funds most of the federal government through September 2015, but only funds the Department of Homeland Security, which oversees immigration, through February 2015.