Attorney General Jackley Joins State Attorneys General and Mississippi Governor in Support of Temporary Immigration Policy

Attorney General Jackley Joins State Attorneys General and Mississippi Governor in Support of Temporary Immigration Policy

PIERRE, S.D. – Attorney General Marty Jackley has joined 12 State Attorneys General and Governor Phil Bryant of Mississippi in a lawsuit supporting the President’s power to temporarily suspend entry into the United States of two limited classes of identified aliens.

“The President of the United States has extraordinary power and authority to restrict alien entry into the United States for public-safety and national-security reasons. Because the Executive Order expressly identified a heightened national- security risk on six countries, the President exercised his broad but not unlimited authority to act to protect citizens with a temporary suspension. Our nation’s inconsistent immigration policy is affecting public safety in South Dakota,” said Jackley.

The Attorneys General argue that the challenged Executive Order is a lawful exercise of the President’s authority under the circumstances. Federal law 8 U.S.C. § 1182(f) gives the President the broad discretion to suspend the entry of any class of aliens. In recognition of that broad authority, the U.S. Supreme Court affirmed that there is no “judicial remedy” to override the Executive’s use of the delegated § 1182(f) power to deny classes of aliens entry into the country. See Sale v. Haitian Centers Council, Inc., 509 U.S. 155, 188 (1993). The broad executive power in § 1182(f) reflects the President’s unique role in protecting our nation. The President’s national-security decisions are “supported by the strongest of presumptions and the widest latitude of judicial interpretation,” Youngstown Sheet and Tube Co. v. Sawyer, 343 U.S. 579, 636 (1952) (Jackson, J. concurring).

The President has temporarily suspended the entry into the United States of two classes of aliens:

  • Nationals of six listed countries, if they are not lawful permanent residents of the United States, were outside this country ten days after the executive order here issued, and do not qualify for other exceptions (such as holding a valid visa ten days after the executive order issued); and
  • Aliens seeking entry under the U.S. Refugee Admissions Program.
    Executive Order 13780 §§ 2, 3, 6, 82 Fed. Reg. 13209, 13212-16 (Mar. 9, 2017).

The President’s temporary order has been challenged, and the 12 State Attorneys General and Governor of Mississippi have weighed in to support the action taken by our President to protect our national security. The State Attorneys General and Governor argue they “have a significant interest in protecting their residents’ safety. But because the States possess no authority to restrict or set the terms of aliens’ entry into the United States for public-safety and national-security reasons, the States and their elected officials rely on the federal Executive Branch to carry out that function, pursuant to the laws of Congress. See Arizona v. United States, 132 S. Ct. 2492, 2507 (2012).

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US Senator John Thune’s Weekly Column: The Department of Agriculture Will Be in Good Hands

The Department of Agriculture Will Be in Good Hands
By Sen. John Thune

The old expression about “wearing something on your sleeve” took on a bit of a literal connotation during a recent meeting I had with former Georgia Gov. Sonny Perdue. Shortly after he was nominated to lead the U.S. Department of Agriculture, I had the opportunity to visit with him in my office in Washington, D.C. When he strolled in wearing cowboy boots and a necktie covered in pheasants, I knew we were going to get along.

If a job application for agriculture secretary existed, Gov. Perdue would check all of the boxes. Who better to help implement farm bill policy than someone who’s worked on and operated a farm himself? Not only does he have a deep background in farming, but he’s the son of a farmer, too. He’s also a licensed veterinarian and has been quite successful in agribusiness. For decades, Perdue served his community and state in various public service roles, including as a member of the local planning and zoning board, state senator, and governor.

In short, Gov. Perdue is a farmer and businessman who understands the people, land, and animals that keep family-owned operations functioning and has experience in creating, implementing, and defending public policy. In today’s agriculture economy, that’s exactly the kind of person we need leading the Department of Agriculture, and I’m thankful that he’s willing to enter public service once again.

During his recent confirmation hearing in the Senate Agriculture Committee, of which I’m a longtime member, I was glad to hear that Gov. Perdue would do all he can to help ensure our food supply is kept safe, which is welcome news, particularly considering the recent Brazilian meat scandal. I was also impressed by his commitment to being flexible in administering the current farm bill, which expires late next year, something the previous administration failed to do. Not only is Gov. Perdue ready to improve implementation of the current farm bill, but he’s eager to hit the ground running in preparation for the next one, too.

I’m already working on numerous proposals to improve programs under various titles of the farm bill, including commodity, livestock, and forestry, among others. During my initial meeting with Gov. Perdue, I discussed my proposal that would allow farmers to enroll a portion of their least-productive land in a new short-term program, the Soil Health and Income Protection Program (SHIPP). SHIPP would improve soil health and improve efficiency, and enrollees would receive a rental payment and additional crop insurance assistance. He was open to working with me on this and told me he appreciated out-of-the-box thinking. I look forward to continuing that conversation. 

Agriculture is South Dakota’s top industry, and I have the highest respect for the hard-working men and women who help operate farms and ranches across the state. Having grown corn, soybeans, and wheat himself – all of the things that are important to South Dakota farmers – I believe Gov. Perdue understands the difficulties and opportunities farmers and ranchers face around the country. He comes at this with a unique perspective, and I’m confident the Department of Agriculture will be in good hands under his leadership.

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Congresswoman Kristi Noem’s Weekly Column: Fighting for Financial Independence

Fighting for Financial Independence
By Rep. Kristi Noem

For many, preparing for Tax Day only highlights just how much of a person’s paycheck is redirected straight into the federal government’s bank account. The truth is our tax returns only tell part of the story. Federal regulations add thousands of dollars more in hidden costs every year for South Dakota families. I’ve heard from many that “enough is enough” – and I agree. So regardless of if it’s tax or regulatory reform, I’m focused on giving you more financial independence.

One of the first places I’m looking to save you money is on your taxes. Last year, I helped outline a simpler and fairer tax code. In totality, the plan is estimated to save the average family $4,600 per year, according to analysis done by The Tax Foundation. On top of that, they expect the plan would help grow the economy by 9.1 percent over the next 10 years, which translates into more jobs and higher wages.

The way we’re proposing to do this may save more than money. Under our plan, tax returns may be simple enough to fit on a postcard, hopefully saving taxpayers the 6 billion hours we collectively spend doing our taxes each year.

Like I mentioned before, there are also hidden costs the federal government imposes. Today, almost 25 percent of a new family home’s final cost is dealing with regulations to build that home. Under Obama-era motor-vehicle regulations, the cost of a new car could spike almost $3,000 by 2025. Meanwhile, regulations on everything from lightbulbs to dishwashers could increase consumer costs by as much as $1,600. And it just keeps adding up from here!

Already, President Trump and Congress have worked together to delay, repeal, or dismantle more than 90 regulations put in place by President Obama. But more must still be done. In addition to dismantling the unnecessary regulations piece-by-piece, I’ve supported legislation to make it much more difficult to impose these massive regulations in the first place. Just days into 2017, the House passed a bill I co-sponsored that would require any major regulation to be approved by Congress. If enacted, it would be an unprecedented check on federal bureaucracy.

After eight years under President Obama, I think too many have accepted a status quo that leaves less money in your pocket and puts more decisions in the government’s hands. Whether it’s regulatory reform or tax reform, there is a path forward that gives you more freedom and financial independence. Ultimately, that’s the path I will always pursue.

Governor Daugaard’s Weekly Column: A Chance To Be South Dakota’s Capital For A Day

A Chance To Be South Dakota’s Capital For A Day
A column by Gov. Dennis Daugaard:

In the 1990s, Gov. George S. Mickelson started a new tradition in South Dakota called “Capital for a Day.” Gov. Mickelson would travel to a community and issue an executive proclamation declaring that town as South Dakota’s Capital for a Day. He would spend the day touring the town, talking with people of the community and getting input from local leaders.

When I took office, I decided to continue the Capital for a Day tradition because it gives me the opportunity to hear from South Dakotans. Now that warmer weather isn’t too far away, I am extending an invitation to communities across the state to apply.

Activities for the day typically include a main street walk, business tours and a community social. We also hold roundtable meetings with community leaders to discuss prominent local issues. I typically give an update on state government and learn from local citizens what they think.

Since 2011, Capital for a Day has been hosted by Mitchell, Canton, Onida, Volga, Hill City, Britton, De Smet, Viborg, Aberdeen, Lead-Deadwood, Flandreau, Wall, Parkston, Faulkton, Wessington Springs, Milbank, Kimball, Madison, Spearfish, Lake Norden, Lemmon and Yankton.

We often talk about how Washington, D.C., can be like an island. The federal government at times seems to lack common sense, and sometimes national officials forget their roots. Well, I don’t want Pierre to be that way. I don’t want state government to be isolated from South Dakotans or oblivious to local situations.

That’s why events like this are so important. In order to be of, by and for the people, we must take the time to listen. We need to hear about problems that exist and better understand the impact government decisions are having on people’s lives.

If your town has never been Capital for a Day, I hope you will urge your local leaders to apply. Interested communities can find out more by going to sd.gov/governor and clicking on “Initiatives.”

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State Dem party fighting with Largest county org; calls emerging for Tornburg’s ouster.

Ann Tornburg is apparently set on destroying the State Democrat party, if one author and Minnehaha County Democrat activist is to be believed. From Sioux Falls Drinking Liberally:

The South Dakota Democratic Party (SDDP) shows little sign of life. Democratic registration, after a slight bump up prior to the 2016 election, has resumed its post-2009 downward trend, declining by 637 voters since the November election, against a Republican increase of 1,738 and an Independent/Other Party rise of 3109. Statewide voter registration now stands at 255,854 Republican (47%), 170,057 Democratic (31%), and 124,225 Independent/Other Party (22%). I only know the SDDP is still alive because two of its staff people appeared at the last Minnehaha County Democratic meeting to contest the appointment of two local Democrats to Precinct Committeeperson positions. Under the direction of Ann Tornberg, her staff seems more interested in meddling in the affairs of county Democratic Parties than engaging local Democrats, registering voters, and building an organization. The SDDP’s new slogan must be “Building an organization is hard work. Buying one is much easier.” Ann Tornberg is running the SDDP like she ran the credentials committee of the South Dakota Farmers Union convention a year ago. She must go.

Read it all here.

And this isn’t the only time they’ve pointed out the Tornburg machine’s failures:

As if this wasn’t enough to depress you, the South Dakota Democratic Party (SDDP), lies moribund on the political road, seemingly unable to respond to this Republican maneuvering and still conducting listening sessions around the state in an effort by Ann Tornberg to maintain her control over an institution whose statewide candidates haven’t received more than 36% of the vote in six years.

Lately, the SDDP has turned on itself and encouraged its staff to run for local Precinct Committee positions against local Democrats who may not properly support Ann and her crew. The SDDP’s new motto seems to be, “Who needs an organization, we’ve got Staff. Gimme some money.” Democrats aren’t going to win anything with this crew. It is time to get rid of Ann Tornberg and make the Democratic Party democratic again.

Read that here.

Will Democrats throw off the yoke of Ann Tornberg, as she continues to steer the opposition party around the swirling drain?

Stay tuned.

Guest Column: Article V Convention? There is a better and safer way.

(From time to time, we have guest columnists commenting on issues of the day from their perspective. Guest columns are always welcome, and can be submitted to me here. -PP)

The US Constitution is arguably the greatest governing document ever written. But great notwithstanding, our Constitution has its frailties. Indeed, every socio-legal contract ever conceived has an intrinsic Achilles’ heel. For America’s constitution that vulnerable place is located in its fifth section: “Article V.”
Article V gives state-level lawmakers the power to force Congress to arrange a meeting (convention) of delegates to change, suspend, rewrite or overhaul the Constitution of the United States of America.

Our nation’s Constitution is not an easy study. The relevant part of Article V, however, is only 87 words in length and takes less than a minute to read and comprehend. (Lincoln’s Gettysburg address was a comparative tome at 272 words.) The literary footprint of Article V is unremarkable, belying a clear and present danger to our nation’s supreme law in its entirety.

Manipulation of our Constitution through its fifth section is serious and recent; this isn’t a fictional Tom Clancy conspiracy novel. SD’s House of Representatives conducted floor debate three times this year on the invocation of an Article V Convention (House Joint Resolution, HJR 1002). Our constitution was under genuine and substantial threat.

Ostensibly, the Resolution’s primary purpose was to force Congress to exercise self-control in collecting and expending taxpayer dollars. Washington D.C. was to be contractually bound by the Constitution via the colloquialisms “Convention of States” and “Balanced Budget Amendment.” Despite attractive taxpayer-seductive language, SD’s State Representatives wisely and soundly killed HJR 1002.

Although advertised otherwise, the Article V application for a Convention of States does not grant SD’s Legislature any control over convention topics. Our US Constitution would be hung on a wall to become a dartboard for random whimsical repeals and modifications. Would South Dakotans be willing to risk their right to keep and bear firearms? …or freely worship? I think not.

Had the Article V Convention been authorized, the US Congress would’ve had sole authority to appoint delegates and assign state allegiance to each. California’s 55 electoral votes versus South Dakota’s three? Could’ve happened. Congress also owned the prerogative to select the ratification process. Further, once convened, delegates become self-sovereign; accountable only to themselves. Not to Congress. Not to the SD Legislature. Not even to “We the People.”

Every SD state representative favors fiscal responsibility and limited federal government. Proponents of the Article V Convention couldn’t explain why they’d hold our Constitution hostage, in ransom for unenforceable federal fiscal requirements. Blackmailing Congress is flawed strategy. An Article V Convention directly implies that our Constitution is structurally unsound and in dire need of repair. The majority of SD’s state representatives did not – and do not – concur.

Besides, there’s a better and safer way. If answerable fiscal policy is the target, then American citizens should focus their sights on our elected officials at their federal posts. Know that our Constitution in its present state already includes restraints on the Feds. Demand your elected officials adhere to the Constitution – not amend it. None of the existing 27 constitutional amendments were enacted utilizing Article V procedures.

President James Madison – a primary author of our Constitution – expressed grave concern regarding Article V “difficulties.” In 1788, he stated he’d quite “tremble” at the thought of likely “insidious” partisan delegates at Article V Conventions. Eventually, he proposed the Constitution be void of all reference to the Article V process.

Our supreme law is vulnerable at its succinct, exploitable fifth section. Since our nation’s birth, more than a million American men and women have sacrificed their lives, providing the armor that’s protected the Constitution at its Achilles’ heel. The Article V Convention of States is perilous self-sabotage. The sacred, venerable Constitution of the United States of America is not wherein the problem lies. This state legislator asks – and votes – that it be left alone.

Rep. David L. Johnson, R-District 33
SD State House of Representatives

19 year old Brookings City Council Candidate busted for fake ID.

Isaiah Croatt is running for the City Council in Brookings, and as he notes in a news story about his candidacy, he doesn’t let anything hold him back:

Friday was the last day for people interested in a seat on Brookings’ City Council to file their paperwork.

So far, four people have thrown their hat into the ring for city leadership, including one young man who says his age gives him an advantage over the others.

And…

Isaiah Croatt is only 19 years old, but he’s not letting his age hold him back from anything.

“The age thing has always been a challenge throughout my life; I’m always the youngest guy doing things.”

Read it here.

And according to the Brookings Register, maybe there’s one thing he should have let his age hold him back on:

Yep. Looks like the 19 year old Brookings City Council Candidate appears to have been busted for a Class 1 misdemeanor for having a fake ID. (They all try to grow up so fast!)

Jeff Monroe say no go to Treasurer’s nod.

With rumors flying in the past few weeks with regards to his possible entrance into the race for South Dakota State Treasurer, State Senator Jeff Monroe has done some soul searching, and for now, has decided to take a pass at the office.

According to Monroe, he took some time, and “checked Josh out pretty well,” noting that “I think he’s a solid guy.   I can’t think of any good reason to run against him and I don’t want to bail on District 24.  I think I’d serve South Dakota better right where I’m at.

Sorry to see Jeff taking a step back, as he’s a great guy. But I can’t disagree!