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Byrne Says Obama Immigration Action Sets Dangerous Precedent

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

Congress writes the laws. Courts interpret the laws. Presidents enforce the laws. This simplistic mantra has been memorized by school kids since the U.S. Constitution was written in the late 18th Century. It never has exactly worked like that. Presidents, like your local police officer, have always had some discretion in what laws are enforced and how strictly the laws are enforced. President Obama has pushed that envelope substantially with his executive decrees ordering that the U.S. Department of Homeland Security not enforce dozens of laws on the books pertaining to millions of illegal aliens in this country.

Congressman Bradley Byrne (R from Montrose) warned in a speech on the floor of the U.S. House of Representatives that President Obama is setting a dangerous precedent that other Presidents can use to effectively nullify any number of laws passed by Congress.

U.S. Representative Bradley Byrne said on Facebook, “Think about the dangerous precedent President Obama’s executive action on immigration sets for our country, that a President can unilaterally decide which laws to enforce. Just imagine this: a Republican President announces he will unilaterally suspend enforcement of the Clean Air Act. It should be frightening to all regardless of political belief.”

Rep. Byrne wrote: “President Obama’s executive action on immigration is clearly not what our Founding Fathers had in mind when they drafted our Constitution. The main overriding goal of our forefathers was to prevent the Executive from becoming too powerful, and they went to great effort to ensure a strong system of checks and balances. President Obama’s executive action runs in the face of how our government was designed to operate.”

John Malcolm, writing for the Heritage Foundation, agrees, “President Obama is now arguing, “If you don’t want me to take executive action, then just send me a bill that I like. [6] Congress, however, has the right, if it wants to, to say, No, we won’t. Too darn bad.”

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Malcolm cited, “In the famous steel seizure case, Youngstown Sheet & Tube Co. v. Sawyer, the Supreme Court stated in no uncertain terms that the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker…. [T]he Constitution is neither silent nor equivocal about who shall make laws which the President is to execute. [7] The separation of powers is one of this nation’s core principles of governance. Although the President may not like congressional intransigence, at least as he sees it through his eyes, this does not give him the authority to act unilaterally.”

Malcolm also cited “Train v. City of New York” where, “President Richard Nixon tried to impose his domestic priorities over the will of Congress by ignoring laws that Congress had passed. Nixon, desiring to cut the deficit and not wanting to fund certain programs he disliked (primarily environmental laws, farm programs, and subsidized housing), decided to impound funds dedicated to those programs. Congress reacted by enacting the Impoundment Control Act of 1974, which ordered the President to spend appropriated funds as directed by Congress.

This was challenged in court, and ultimately, a unanimous Supreme Court held that the President could not frustrate the will of Congress by killing a program through impoundment. Specifically, the Court determined that the President must carry out all of the objectives and the full scope of programs for which budget authority is provided by Congress.”

There are numerous theories about whether or not President Obama exceeded his authority or not; but little consensus on what to do about it.

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US Senator Jeff Sessions (R from Alabama) said in a recent Fox News appearance: “What we do know [about the House omnibus] is that it will allow the President to move money around to fund his executive amnesty program. We just discovered last week that [DHS] is renting a building across the river in Crystal City, hiring 1,000 people to process these identifications of illegal people. They will be given a photo ID, a Social Security number, allowed to participate in Social Security and Medicare, and be able to work anywhere in America, taking any job in America. We don’t have enough jobs today and this will be 5 million people. What I was hoping, and still hope, is that the House will put real language in the bill [to block executive amnesty.]”

Congressman Bradley Byrne represents Alabama’s First Congressional District.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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Vaccines should protect against mutated strains of coronavirus

Public health experts say it will be some time before vaccines are available to the wider public.

Eddie Burkhalter

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(STOCK PHOTO)

Multiple vaccines for COVID-19 are in clinical trials, and one has already applied for emergency use authorization, but how good will those vaccines be against a mutating coronavirus? A UAB doctor says they’ll do just fine. 

Dr. Rachael Lee, UAB’s hospital epidemiologist, told reporters earlier this week that there have been small genetic mutations in COVID-19. What researchers are seeing in the virus here is slightly different than what’s seen in the virus in China, she said. 

“But luckily the way that these vaccines have been created, specifically the mRNA vaccines, is an area that is the same for all of these viruses,” Lee said, referring to the new type of vaccine known as mRNA, which uses genetic material, rather than a weakened or inactive germ, to trigger an immune response. 

The U.S. Food And Drug Administration is to review the drug company Pfizer’s vaccine on Dec. 10. Pfizer’s vaccine is an mRNA vaccine, as is a vaccine produced by the drug maker Moderna, which is expected to also soon apply for emergency use approval. 

“I think that is incredibly good news, that even though we may see some slight mutations,  we should have a vaccine that should cover all of those different mutations,” Lee said. 

Researchers at the University of North Carolina at Chapel Hill and the University of Wisconsin-Madison found in a recent study, published in the journal Science, that COVID-19 has mutated in ways that make it spread much more easily, but the mutation may also make it more susceptible to vaccines. 

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In a separate study, researchers with the Commonwealth Scientific and Industrial Research Organisation found that while most vaccines were modeled after an earlier strain of COVID-19, they found no evidence that the vaccines wouldn’t provide the same immunity response for the new, more dominant strain. 

“This brings the world one step closer to a safe and effective vaccine to protect people and save lives,” said CSIRO chief executive Dr. Larry Marshall, according to Science Daily

While it may not be long before vaccines begin to be shipped to states, public health experts warn it will be some time before vaccines are available to the wider public. Scarce supplies at first will be allocated for those at greatest risk, including health care workers who are regularly exposed to coronavirus patients, and the elderly and ill. 

Alabama State Health Officer Dr. Scott Harris, speaking to APR last week, urged the public to continue wearing masks and practicing social distancing for many more months, as the department works to make the vaccines more widely available.

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“Just because the first shots are rolling out doesn’t mean it’s time to stop doing everything we’ve been trying to get people to do for months. It’s not going to be widely available for a little while,” Harris said.

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Tuberville looks forward to public service “probably for the rest of my life”

Tuberville’s term as senator will begin on Jan. 3 when the 117th Congress is sworn in.

Brandon Moseley

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Senator-elect Tommy Tuberville during an interview with Sean Spicer on Newsmax.

U.S. Senator-elect Tommy Tuberville, R-Alabama, told Newsmax’s Sean Spicer that he looks forward to the opportunity to give back to this country.

“After winning this and after being up here a couple of weeks and seeing how much of a difference we have made just to this point in the Senate has been gratifying,” Tuberville said. “I look forward to doing public service probably for the rest of my life.”

Tuberville said that he was 18 years old when the Vietnam War was coming to a close and then got into coaching so never served in the military and looks forward to the opportunity to give back to the country.

“As I went around the state of Alabama for those two years though I learned the respect of the people and how much that they want this country to remain the United States of America that we know and grew up in to go by the Constitution and those things. As I went through the campaign I got more and more fond of that I want to give back,” Tuberville said.

“I never served, I never gave back, but God was so good to me and my wife my family,” Tuberville said. “Giving back means so much to me after I was given so much for many, many years.”

Tuberville said that education will be a priority for him, getting education back to fundamentals like reading, writing, history and math. Tuberville said that unless the country gets back to fundamentals in education, “This country is not going to make it. We have got to get back to fundamentals and we are getting farther and farther every day.”

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Tuberville was the only Republican on Nov. 3 to defeat an incumbent Senate Democrat when he unseated Sen. Doug Jones.

“I want to be the voice for the people of Alabama,” Tuberville explained. “The previous Senator was a voice for his party, the Democratic party.”

Tuberville, a career college football coach, reiterated his position that we should play sports and send kids back to school despite the coronavirus global pandemic.

“I think we are doing a lot better in sports than we are doing in a lot of other areas,” Tuberville said. “I was keeping my fingers crossed back in August that we would let our young kids go play high school sports, number one, and then we get into college sports. There are so many people throwing negatives on why we should not do that. But I can tell you, you can see many more positives if we go back to school and we play sports. It’s important that we attack this virus as it has been attacking us. If it gives us an inch, we gotta take it.”

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Tuberville reiterated his opposition to shutting down restaurants, schools and businesses to fight the virus.

“We have to get back to everyday life,” Tuberville said. “You can’t keep shutting people down. Freedom is a power that we have. A power that we have earned because of our forefathers. We can’t give that up.”

Tuberville is an Arkansas native. He was the head football coach at Auburn University where he won an SEC championship, Ole Miss, Texas Tech, and Cincinnati. Prior to that, he was a national championship defensive coordinator at the University of Miami. He was also the defensive coordinator at Texas A&M.

Tuberville’s term as senator will begin on Jan. 3 when the 117th Congress is sworn in.

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UAB cancels third game

The only remaining game on UAB’s schedule is a game at Rice on Dec. 12.

Brandon Moseley

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(STOCK PHOTO)

The UAB Department of Athletics on Thursday announced that it is canceling its final home game of the season. UAB was scheduled to play Southern Mississippi on Friday at Legion Field, but the game was canceled due to continuing problems with COVID-19.

UAB has said that it will “continue to work with Conference USA on the remaining regular-season schedule.”

The only remaining game on UAB’s schedule is a game at Rice on Dec. 12.

UAB currently has a record of just four wins and three losses.

A win at Rice would guarantee the Blazers a winning season, but in this COVID altered season, a four and three or four and four record is probably good enough to be bowl eligible.

Southern Miss has had a dreadful season. They are two and seven and have two remaining games, against UTEP and Florida Atlantic. Both of those games were postponed from earlier in the season.

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Unless the season is extended a week to the 19th, there is no way for UAB and Southern Miss to make up the canceled game.

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Official state Christmas tree was delivered

The approximately 35-foot tree will be displayed on the front steps of the state Capitol building.

Brandon Moseley

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The 2016 state Christmas tree in front of the state Capitol.

Alabama’s official Christmas Tree was delivered to the state Capitol this week.

This year’s tree was donated by Robbins Taylor Sr. It is an Eastern Red Cedar that was grown in Letohatchee, Alabama.

The approximately 35-foot tree will be displayed on the front steps of the state Capitol building.

The tree will be adorned with lights and decorations ahead of the Christmas tree lighting ceremony on Friday, Dec. 4. Gov. Ivey’s Christmas Tree Lighting Ceremony is scheduled for 5:30 p.m. at the Capitol in Montgomery.

Alabama became the first state in the nation to make Christmas an official government holiday in 1836. Christmas was declared a federal holiday in the United States on June 26, 1870.

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