Birthright Citizenship? I Think It's An Open Question

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  • On his first day in office in his second term, January 20, 2025, President Trump issued a collection of Executive Orders. One of those was number 14160, titled “Protecting the Meaning and Value of American Citizenship.”‍ ‍EO 14160 seeks to do away with the long-standing practice of various U.S. agencies of recognizing U.S. citizenship of anyone born in the United States, even if that person’s parents were not legal residents or otherwise legally in the country at the time of the birth.

  • Following issuance of EO 14160, multiple lawsuits were brought in courts around the country seeking injunctions to compel the government to recognize the citizenship of various individuals born here to illegal aliens. Several courts promptly issued injunctions blocking Trump’s Order, all of them on a nationwide basis as far as I can determine.

  • In June, three of those cases, consolidated under the name Trump v. CASA, came before the Supreme Court on the question of whether a District Court could issue a nationwide injunction to block the Order everywhere. The Supreme Court invalidated the nationwide aspect of the injunctions. However, the Court did not consider the merits of whether President and executive agencies could refuse to recognize citizenship of children born here to illegal aliens.

  • But now there are petitions before the Supreme Court asking it to consider this question of so-called “birthright” citizenship on the merits. The Court is widely expected to take up the issue in its current term. So, what is the right answer?

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Today's IQ Test: Which Is Cheaper To Produce Electricity, Wind/Solar Or Fossil Fuels?

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Today's IQ Test: Which Is Cheaper To Produce Electricity, Wind/Solar Or Fossil Fuels?

  • I have been writing here for about a decade that wind and solar would inevitably prove to be far more expensive for producing useful electricity than other methods like fossil fuels, nuclear, or hydro.

  • The reasons are not difficult to understand. Wind and solar, due to intermittency, are not capable of powering a full-time electrical grid on their own. To make the grid capable of fulfilling customer demand 24/7/365, wind and solar require large amounts of additional capital infrastructure — dispatchable back-up generation, energy storage, additional transmission capacity, and more. If wind and solar prove insufficient to eliminate dispatchable back-up generation, then you find yourself running (and paying for) two duplicative systems, when you could have had only one. Energy storage as a potential solution to intermittency turns out to be impossibly expensive. If the only back-up generation you can find that works is powered by fossil fuels, then you haven’t even succeeded in achieving zero carbon emissions in the electricity sector.

  • And yet we have been, and continue to be, subjected to a constant drumbeat of advocacy claiming that wind and solar are now the cheapest ways to produce electricity. I’ll give you a few examples of that in a moment.

  • So who is right?

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Humphrey's Executor On The Ropes

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  • Can Congress create federal agencies with power to enforce the laws and prosecute crimes, but which agencies are outside the control of the President? In a 1935 decision called Humphrey’s Executor, the Supreme Court held that it could.

  • I first wrote about this subject in a post back in December 2016 titled “Can The Separation Of Powers Of The Federal Government Be Righted?” December 2016 was immediatey after Donald Trump had first been elected President, but before he had taken office. The backdrop of the post was the issue of the extent to which the newly-elected President Trump would be able to gain control over a hostile federal bureaucracy.

  • By 2016, some 80+ years after Humphrey’s Executor, there had come to be some 50 or more commissions and boards in the federal government where the President was restricted by statute from firing the commissioners or members, and thus had limited if any practical ability to direct what the agency would do. My conclusion in 2016 was that, largely because of Humphrey’s Executor, the situation of the constitutional separation of powers in the federal government was a hopeless mess, and that it would be a long time before it could be righted. Sure enough, Trump did not take on this issue during his first term.

  • But here in the first year of Trump’s second term, he has gone directly after this issue.

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Welfare Fraud In Blue Cities: How Pervasive Is The Kleptocracy?

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  • If you keep up with current events at all, it is unlikely that you have missed in the past week the explosion of the Minnesota Somali welfare fraud scandal into the national, and even international, news.

  • Not that the enormous Somali welfare fraud in Minnesota is something new. The bloggers at Powerline, who are based in Minnesota, have been covering the subject since at least 2018. Here is a May 2018 City Journal piece by Scott Johnson (of Powerline), reporting on an investigation of Somali-owned daycare centers in Minneapolis suspected of stealing millions by billing the government for inflated number of enrollees.

  • But things really got going when the pandemic hit in 2020-21. Minnesota became ground zero for Somali fraudsters setting up sites supposedly to feed hungry children, and collecting millions for meals that were never prepared or served. Federal indictments for this fraud — including 47 people charged in the first indictment — began to issue in 2022. Dozens of articles at Powerline have traced the scandal since that time, as the revealed scope of the fraud has gradually gone from the millions to the hundreds of millions, and most recently into the billions of dollars.

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Even "Progressives" Are Now Allowed To Notice That New York's Climate Plans Are Crumbling

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  • Today I spent the day with my excellent collaborator Richard Ellenbogen cross-examining witnesses at the New York Public Service Commission’s hearing on whether the pending rate increase request of our utility Con Edison should be approved. We had a lot of fun. Although the hearing was theoretically open to the public, they had no live video feed, and you had to register in advance to attend in person. It looked like everybody there was an interested party.

  • At the close of the hearing, we were invited (along with everybody else) to file a post-hearing brief by next Friday, December 12. The hearing provided us with lots of good material, and we will be putting together a good scathing screed as our contribution. You can look forward to a post on the subject next Friday or Saturday.

  • But meanwhile, there has been other news on the New York Climate Act front. On November 25 a Washington think tank called the Progressive Policy Institute put out a Report with the title “NEW YORK'S CLIMATE CROSSROADS: ASSURING AFFORDABLE ENERGY.”‍ ‍The Report takes serious note that New York’s “climate” regime is in big trouble.

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Some Other Parties Weigh In On The Con Edison Rate Case

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  • In my last post I linked to, and quoted portions of, the objection submitted by myself and two colleagues to the pending settlement of the rate increase request of our local utility, Con Edison. The gist of our objection is that the ratepayers should not be forced to pay to build infrastructure for delivery of “renewable” electricity that does not exist.

  • Our objection was filed on the day before Thanksgiving, November 26. That day had been set as the due date for all statements either in support or opposed to the pending settlement, which is referred to as the Joint Proposal of “JP.” And thus, on the same date, numerous other parties to the proceeding also filed statements, either in favor or opposed to the JP. The large majority were in favor — which is not surprising, given that to reach a settlement that might stick they needed the support of a large majority of the parties.

  • Most of the parties who had joined the case had sought from the outset to characterize their position as standing up for the ratepayers by opposing excessive revenue demands from Con Edison. And yet here at the settlement phase we find nearly all of these parties signing on to large amounts of spending by Con Edison that are completely wasteful, in that they provide for delivery of non-existent electricity and support for impossible Climate Act goals that are not happening.

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