Integrity Legal

Posts Tagged ‘legal formality’

1st June 2011

It recently came to this blogger’s attention that the administration of President Barack H. Obama is poised to take a more commonsensical approach to issues pertaining to United States Immigration. In order to shed further light upon this issue it may be best to quote directly from an article entitled New Common-Sense Immigration Reforms to Strengthen Our Economy written by Aneesh Chopra & Alejandro Mayorkas and posted on the White House blog at WhiteHouse.gov:

President Obama recently reaffirmed the urgent need to fix our broken immigration system, so that America can compete and win in the 21st century.  Immigrants make extraordinary contributions to our economic well-being, as demonstrated in study after study. For evidence, you can turn to recent analyses from the Treasury Department, the bipartisan Partnership for a New American Economy, or the U.S. Chamber of Commerce.

Or simply visit Silicon Valley.  Aneesh participated in a roundtable yesterday hosted by the Silicon Valley Leadership Group where nearly half of the executives in the room were immigrants. They were unanimous in their call for action in the high skilled area — a top priority for the group, along with a new service campaign to connect the  best and brightest in the Valley with  kids in need.  But they were also frustrated with our inability as a country to tackle these issues as it has been several years since they began such conversations.

Aneesh did review the White House’s Blueprint for Building a 21st Century Immigration System, reinforcing what they already knew — that our economic competitiveness would be strengthened by a legal immigration system that reflects our values and meets our diverse needs…

The administration of this web log strongly encourages readers to click on the hyperlinks noted above to read further from this insightful piece.

This blogger is personally anxious to see a new common sense strategy employed in the administration of America’s immigration system. In a previous posting on this blog it was noted that the Obama administration in conjunction with Senator Amy Klobucher have taken steps to move forward on legislation designed to reform certain aspects of the American visa system. This initiative appears to be undertaken in an effort to generate further revenue for America in the form of tourist dollars. Furthermore, there are some who would argue that a reform of the immigration system would result in an increase in foreign direct investment in the USA as foreign nationals travel to America on visas such as the E-2 visa or the EB-5 visa in order to engage in trade or start a business.

Credit where credit is due: the administration appears serious about making positive changes to the US visa process and for this reason their efforts to that end should be admired. However, not everyone is enthusiastic about every aspect of the Obama administration’s policies and procedures as was recently discovered by this blogger while surfing the internet for information regarding the recent Patriot Act Extension. It would appear as though the issue of the Patriot Act’s extension is not the salient point for some as the President’s method of “signing” the recent legislation has been called into question. To quote directly from an article written by Benjy Sarlin posted on the website TalkingPointsMemo.com:

President Obama’s use of a mechanical “autopen” to sign the new PATRIOT Act extension from abroad has at least one Republican lawmaker worried about a “dangerous precedent.” According to Rep. Tom Graves (R-GA), using a machine to sign legislation could one day bring about a dystopia in which robotic writing utensils are used to enact all manner of phony legislation.

“I thought it was a joke at first, but the President did, in fact, authorize an autopen to sign the Patriot Act extension into law,” Rep. Tom Graves (R-GA) said in a statement. “Consider the dangerous precedent this sets. Any number of circumstances could arise in the future where the public could question whether or not the president authorized the use of an autopen. For example, if the president is hospitalized and not fully alert, can a group of aggressive Cabinet members interpret a wink or a squeeze of the hand as approval of an autopen signing? I am very concerned about what this means for future presidential orders, whether they be signing bills into law, military orders, or executive orders.”

The administration of this web log recommends that readers click upon the relevant hyperlinks noted above to read this interesting posting in its entirety.

Representative Tom Graves is not the only one with concerns regarding this method of enacting legislation via “autopen” as those who subscribe to a so-called “formalist” or plain language interpretation of the United States Constitution (which this blogger has been known to agree with on certain issues) seem to have taken some offense to the notion of being able to sign legislation, especially legislation as important as the Patriot Act extension, into law through usage of an “autopen” especially in light of a plain language interpretation of the U.S. Constitution itself. To further elucidate this point it may be best to quote directly from a very astute comment on the CBSnews.com website attributed to Bojax39 on May 31, 2011:

Justice Department’s Office of Legal Counsel: “…we conclude that the President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law. Rather, the President may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the President’s signature to such a bill, for example by autopen.”Article 1, Section 7 of the U.S. Constitution: “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approves he shall sign it…” Now how the name of chicanery did the OLC “conclude” that? Just where does the Constitution say it’s okay for a machine to sign laws? What happens years from now when the government wants to prove to the people that it’s had the power to do some legal trickery for years? Drag out a former president’s autopen program to retroactively sign an empowering bit of “legislation”, wait for the ink to dry and tell us the law is really decades old?..

The administration of this blog again strongly recommends that readers click upon the hyperlinks noted above to read this comment fully. That stated, one is always encouraged to take some opinions posted on the internet with a proverbial “grain of salt,” but under the circumstances the points raised in the citation above are valid.

Clearly, there is room for debate as to the legitimacy of “autopen” usage in the adoption of legislation. In fact, there could be an argument that failure to fully adhere to Article 1 Section 7 noted above creates an implication that the extension of the Patriot Act fails to conform to notions of due process of law under the American Constitution. How this issue will play out in the months and days ahead remains to be seen, but it seems likely that further discussion of “autopen” usage may arise in the future.

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