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Monday, June 25, 2012
Sunday, June 24, 2012
Lack of sleep makes you fat - Times of India
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Doug Kendall: Obama's Dream and the Right's Crocodile Tears
Is there any limit to the Right's hypocrisy about the Constitution? Do folks like Marco Rubio, Michele Bachmann, war-on-terror architect John Yoo, and columnist Charles Krauthammer really believe the Constitution means one thing when a Republican is in the White House, and something entirely different when the President is a Democrat?
That is the only conclusion that can be drawn from the incessant and insufferable howling from conservatives that President Obama's decision to exercise prosecutorial discretion to allow studious and law-abiding young people brought to this country by their parents to remain is somehow a threat to our constitutional system of government.
First, a short historical recap. During successive Republican presidencies, conservatives have made extremely aggressive, and in some cases unsustainable, assertions about the unfettered powers of the President to enforce the law and control the Executive Branch. This started in the Reagan Administration, where young conservatives in the Justice Department and White House Counsel's office (notably including John Roberts and Samuel Alito) fashioned something known as the "unitary executive theory" as a way of trying to strike out against independent agencies and special counsels that were not fully within the power and control of the President. As a Congressional Research Service (CRS) report from 1987 put it, "[i]n support of a variety of actions since 1981 designed to ensure ultimate presidential control of decisionmaking in all executive branch agencies, the Reagan administration has articulated a constitutional based theory of a unitary executive."
The Supreme Court decisively rejected this theory in 1988 with its 7-1 opinion in Morrison v. Olson, written by Chief Justice William Rehnquist. The Reagan Administration's unitary executive argument drew support only in a lonely dissent by Justice Antonin Scalia, but it lived on in conservative circles and was resurrected in the George W. Bush Administration in the foreign policy context. Particularly in an Office of Legal Counsel memorandum written by John Yoo authorizing warrantless wiretapping, President Bush asserted inherent powers to ignore federal statutes and even constitutional prohibitions such as the Fourth Amendment's ban on unreasonable searches and seizures when necessary to conduct the worldwide war on terror.
Compared to these truly aggressive assertions of executive authority, President Obama's new immigration policy is presidential child's play. More precisely, President Obama has done what Presidents can and should do in honoring their Article II obligation to "take care that the laws are faithfully enforced." At the core of executive authority is prosecutorial discretion, which allows the Executive Branch latitude in determining how to allocate its resources in enforcing the law. As Justice Scalia has said in an immigration case, "prosecutorial discretion" is the "special province of the Executive."
This is particularly true in the immigration context, because Congress, in the Immigration and Naturalization Act, made it clear that the enforcement of immigration laws is vested with the Executive Branch. Again, in the words of the Supreme Court, "Congress made a deliberate choice to delegate to the Executive Branch, and specifically to the Attorney General, the authority to allow deportable aliens to remain in this country in certain specified circumstances." Meanwhile, Presidents of both political parties have been using prosecutorial discretion to allow deferred actions [pdf] on deportable individuals for decades, and President Obama's new policy [pdf] still must be applied by federal officials on a case-by-case basis with no guarantees.
As Ilya Somin, a respected conservative scholar has explained, President Obama's decision not to deport certain studious and law-abiding youth brought here by their parents is akin to the decision of federal drug officials not to pursue college students who smoke pot in their dorms, and constitutional for the same basic reason. The President cannot refuse to enforce a law passed by Congress. But federal laws governing many subjects, including guns, drugs, taxes and immigration, all sweep a large number of Americans into their broad nets, and it is the responsibility, ultimately of the President, to decide who to prosecute and why.
As President Obama said, "this is not amnesty, this is not immunity. This is not a path to citizenship. It's not a permanent fix. This is a temporary stopgap measure that lets us focus our resources wisely while giving a degree of relief and hope to talented, driven, patriotic young people." Those who call this humane and lawful action unconstitutional know very little about the U.S. Constitution and nothing about what makes America great.
Cross-posted on Text & History.
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Follow Doug Kendall on Twitter: www.twitter.com/myconstitution
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Thursday, June 21, 2012
Procter & Gamble cuts 4Q profit, revenue outlook
NEW YORK (AP) ? Procter & Gamble Co. on Wednesday lowered its fourth-quarter earnings and revenue forecasts, the latest company to sound warning bells about slowing global economic growth.
P&G, which makes an array of everyday goods ranging from Tide detergent to Gillette razors, said it is cutting the forecast because of unfavorable foreign exchange rates, continued slow growth in developed markets and a slowdown of growth in China.
Many U.S. companies have looked to emerging markets as economic growth in North America and Europe has slowed. But P&G's and others' warnings show that expanding abroad is a complicated task for even the largest of companies.
Earlier this month McDonald's said economic volatility, particularly in Asia, is pressuring its second-quarter results. Package delivery company FedEx Corp. on Tuesday said the slowing global economy is expected to crimp its growth over the next 12 months. Its rival UPS in April similarly said slowing Asian shipments hurt quarterly results.
And a wide range of companies including software maker Adobe Systems Inc., medical device maker Synergetics USA and industrial products maker Actuant Inc. have said uncertainty in Europe and slower growth in Asia are hurting.
A few months ago, Europe's economy seemed more positive, Moody's Chief Economist John Lonski said. But that view has darkened in recent months as uncertainty over debt crises in countries such as Spain and Greece dragged on longer than expected. That in turn has led to a slowdown in emerging markets such as Brazil, India and China.
"Global growth is slower than anticipated," he said. "And though it's a stretch to predict the imminence of a global recession, the worldwide slowdown has been great enough to prompt downward revisions of revenue forecasts by multinational corporations."
P&G's cut, announced during a presentation at a Deutsche Bank Global Consumer conference in Paris, is its second in three months. The company is trying to balance growth in emerging markets, which make up about 30 percent of its sales, with the realities of an uncertain global economy and its own executional problems that have led to lackluster market share growth.
Last month P&G said it was rethinking overseas expansion and would focus on its biggest and most profitable markets abroad.
On Wednesday, CEO Bob McDonald reiterated that strategy as well as the company's cost-cutting program, aimed at saving $10 billion by fiscal 2016.
"We are making the necessary adjustments to our growth strategy to increase focus on our core business and to achieve more balanced growth across geographies, product categories and the top and bottom lines," he said in a statement accompanying the presentation.
The world's largest consumer products company said it expects adjusted fourth-quarter earnings between 75 cents and 79 cents per share, down from its previous estimate of 79 cents to 85 cents per share.
Revenue is anticipated to drop 1 percent to 2 percent compared with a prior outlook for a 1 percent to 2 percent increase. The new guidance implies revenue in a range of $20.45 billion to $20.66 billion.
Analysts polled by FactSet foresee earnings of 82 cents per share on revenue of $20.62 billion.
P&G reiterated a plan announced last month that it will prioritize investments in its biggest product innovations, its biggest and most profitable markets and its biggest emerging countries. It also plans to keep investing in new markets.
For fiscal 2013, Cincinnati-based P&G expects adjusted earnings to be up by a mid-to-high single digits percentage rate. The company said it will give an update to the projection when it reports its fiscal 2012 results on Aug. 3.
Its shares fell $1.82, or 2.93 percent, to close at $60.39 Wednesday. Its shares are down 11 percent since peaking for the past year at $67.95 in mid-March. They traded as low as $57.56 last August.
Citi Investment Research analyst Wendy Nicholson said P&G's struggle with market share growth is "discouraging," but said there were some positives in the presentation.
"P&G is clearly saying 'no excuses' and adopting a more aggressive stance about taking responsibility for and fixing their problems," she wrote in a note to investors.
Also on Wednesday, the company reaffirmed its restructuring plan, which involves cutting 5,700 jobs by the end of fiscal 2013 and saving $10 billion by the end of the fiscal 2016.
Like many other consumer products companies, P&G has also been raising prices to deal with higher costs for materials like pulp, fuel and packaging. But in April, P&G said it was rolling back prices in six categories: powdered laundry detergent in the U.S., laundry products in Mexico and the U.K., and North American oral care, dish care and blades and razors. Aside from those categories, other price increases have remained in place.
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Wednesday, June 20, 2012
Cambridge, Mass., mayor considers large soda ban
CAMBRIDGE, Mass. (AP) ? The mayor of Cambridge has proposed limiting the size of soda and sugar-sweetened beverages sold in city restaurants, saying she was inspired by a similar measure in New York City.
Mayor Henrietta Davis on Monday asked the city's health officials to research her proposal and make a recommendation on limiting beverage sizes. The city is adjacent to Boston and is home to Harvard and MIT.
Davis cited an increased risk of obesity and diabetes as reasoning behind the resolution.
"As much free will as you can have in a society is a good idea," Davis said Tuesday. "... But with a public health issue, you look at those things that are dangerous for people, that need government regulation."
In New York, Mayor Michael Bloomberg's proposal would prohibit licensed food service establishments in the city from using containers bigger than 16 ounces to serve high-calorie drinks like colas.
Consumers could buy another round, but restaurants couldn't serve sugary drinks in the 20-ounce cups now popular at fast food eateries.
Davis also said regulation might not be necessary to prevent the sale of large-sized sugary beverages in Cambridge. She said city officials could pitch a voluntary compliance agreement to vendors or create an incentive program to encourage cooperation.
Davis, who also is a chair of a Cambridge community coalition that focuses on children's health, said she's been hearing mixed reactions to her resolution.
Don Puzy, the manager of a 7-Eleven in the city, on Tuesday called the mayor's proposal "absolutely crazy."
He said he sells a lot of the store's signature Big Gulps, but said it's mostly grownups who buy them.
"We appreciate her trying to do something about the kids, their weight, but that is not the way to go about it," Puzy said of the mayor's proposal. "There are a lot of programs for it ... starting from the schools ... Don't put it on the stores."
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Qualcomm: all new Windows Phone 8 devices to be powered by Snapdragon S4 Plus for now
The puzzle pieces are already falling into place, one at a time. After announcing Qualcomm as the exclusive chipset provider for upcoming Windows Phone 8 handsets, we didn't get any word on which models would be used. Fortunately, Qualcomm reps have confirmed to us that all new devices will feature the MSM8960 dual-core Krait (Snapdragon S4 Plus) processor for now. As a sidenote, the company told us that other chipsets may be used at a later time, but Microsoft certainly appears eager to keep to its mantra of a universal experience amongst its phones.
Qualcomm: all new Windows Phone 8 devices to be powered by Snapdragon S4 Plus for now originally appeared on Engadget on Wed, 20 Jun 2012 17:58:00 EDT. Please see our terms for use of feeds.
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