Executive Orders and Legal Laws

None can doubt the winds of change are blowing and our government is at work. Cabinet members for the new Trump administration have entered their positions through a contentious votes. Our new President is working hard in order to keep campaign promises. One of those promises was to install a Supreme Court justice who would uphold the Constitution. The masses hope the era of creating legal social (and moral) change through court system is over.

The United States Capitol

The cry has gone out for a justice who would honor the constitution. Our founding fathers wrote, “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” The courts are to judge cases from existing laws and  test the validity of new laws through the constitution and its amendments. The Courts are not to create new laws and because justice is blind they are not to become caught up in social issues.

In like manner the President is to “shall take care that the laws be faithfully executed” being careful to enforce existing laws. He shall “have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur.” Neither the courts nor the President of the United States are to create laws. They are guided by existing laws made by congress.

Loading a canon in Yorktown, VA

But in recent years the Presidents have sought to create laws, just like kings. They issue “executive orders,” just like kings (such as King George III). A simple reading of the Declaration of Independence will lead to the discovery that our founding fathers would be horrified to discover our president is making laws (like King George III). There is no constitutional provision or statute that explicitly permits executive orders.

Executive Orders signed by the President are are growing phenomena. Franklin Roosevelt ordered over 3,000 executive orders. Theodore Roosevelt and Calvin Coolidge each ordered over 1,000. Ronald Reagan 381, George HW Bush 166, Bill Clinton 308, George W. Bush 291, and Barack Obama 276. Donald Trump is issuing orders almost every day.

At first executive orders were not laws at all, they clarified laws or helped people understand the purpose of existing laws. George Washington issued an executive order in 1789 recognizing Thanksgiving Day. Other orders asked citizens to recognize treaties with the Indians, pay taxes on liquor, and urged citizens not to interfere in foreign wars.

Independence Day Parade in Washington DC

Today the issuing of an executive order is different. The purpose is often to bypass congress, which is charged by the Constitution “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Congress is called to establish a uniform rule of naturalization.” The Constitution also says (catch the spirit of the document here) “The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.”

Presidents see the signing of an executive order as a way to push issues which would fail in congress (this is the problem so many have with the Supreme Court) such as executive order 11478 which was written to prohibit discrimination based on sexual orientation and gender identity (the bathroom law). Executive orders can also be used as a means to appear efficient and expedite campaign promises, such as the executive order imposing a 120-day suspension of the refugee program and a 90-day ban on travel to the U.S. from citizens of seven terror hot spots: Iraq, Iran, Syria, Libya, Yemen, Somalia and Sudan.

Militia Drummers in Williamsburg, VA

When Presidents bypass congress we lose a strength which comes from collective wisdom. Congress was created to include people with opposing views (such as northerners and southerners; republicans and democrats). They work through negotiation and compromise, examining every aspect of every bill so mistakes will not be made.  The process, though slow and at times messy creates stronger and more lasting laws. Executive Order 13770 brought cost and inconvenience to thousands of people with the stroke of a pen by causing the State Department to cancel 60,000 visas. It has also led to a fight between the President and the Courts which could have been avoided by following due process when laws are created.

The Constitution gives the following process for making laws, “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.” We need to return to the process which made America Great, even if it is slower and less convenient because the process outlined by our forefathers helps prevent mistakes and has the power to bring stability and unity.

Remembering U.S.

I have written several times about my ancestry on this blog. I am from eastern European and Jewish ancestry and a third generation American. From time to time (often in January) I look back into my ancestry to see if there are any new records or discoveries. The stories of my family are interesting as they capture the difficulty of immigration and assimilation into a new country. The United States is built on the strength and determination of immigrants.

Immigration Hall at Ellis Island in New York

I am amazed at how often people in our nation forget (or do not care) about the heritage of our nation. Foreigners face many problems including intense persecution and vetting. I have personally faced some of this and hear stories about discrimination from within my family. But my family was strong and we survived and have did well in a new land despite, or possibly because of the hardships. Because when you face difficulty it forces you to work harder in order to overcome.

Ellis Island in New York Harbor

The first immigrants to this nation faced many difficulties. These difficulties are recorded in history. The Pilgrims (of Thanksgiving fame) immigrated to a new land in order to escape systematic persecutions and imprisonments. Many of the first settlers in Virginia were tradesmen who sought to better themselves by finding either treasure or a new life. The colony of Georgia was founded by debtors who came to America for a fresh start. In all three cases most of the settlers died in the first two years. The persistence of those who died and those who lived have encouraged Americans for generations. These founders of our nation worked hard to established strong communities which survive even to this day.

My Grandfather saw these buildings in the lat 1890's

As I researched my family I visited the Tenement Museum in New York City. We learned how lower Manhattan was populated by waves of Italian, Irish, German, Jewish and Chinese immigrants. These families were poor. Some were persecuted. All of them were able to find a way to cross the ocean to America. And once in the United States they contributed to our greatness as a nation. These poor immigrants, many from non-Christian faiths became leaders in the real estate, food, energy, space, education and banking industries.

Solomon Tobachnikof and ship log. Also Yankel Levine

My grandparents came to the United States in this time period. Simon Tobachnikof sold clothing and later was involved in the real estate market (as was uncle Abe). Ben Finkelstein was worked in the garment industry. The Schulmans were leather workers and later owned restaurants in Cincinnati.
Many immigrants have come to escape hardship or to find a new life. Our President’s grandfather came from Germany in this time period. Ivanka Kushner’s in-laws were eastern European survivors of the concentration camps. The United States of that time welcomed refugees.

The New Testament teaches God is love - 1 John 4:8

Because of my connection with the past I have been given opportunity to connect with immigrants of the present. I have ministered to people from Mexico, El Salvador, Nicaragua, Guatemala and Colombia. Some of these people are legal, others illegal. All of these people contributed to our economy, many I knew worked in agricultural and construction. I have attempted to assist the illegal internationals in their effort to become legal, only to find the wall insurmountable for many who have helped the state of North Carolina prosper.

Many immigrants have lived in lower Manhattan

I have worked with Chinese and South Korean immigrants. I also know Palestinians who seek to live peaceful lives with all others in the United States. The struggles and dreams of many immigrants are similar to my grandparent’s struggles and dreams.

The Statue of Liberty welcomes immigrants to our shores

In time periods when our doors are open to immigration the United States flourishes. During times of isolation our economy suffers. Immigrants are the new customers who shop at our stores, join our workforce and purchase homes in our communities. They proudly desire to join our ranks through the immigration and naturalization process if we provide them opportunity through a well planned pathway. When we make the process difficult or impossible through poor planning, spontaneous decisions (or orders) the result is confusion, closed doors, distrust and illegalities. I pray for our government and a plan that will bring clarity rather than confusion. I look forward to a time when we will help persecuted peoples assimilate rather into our land with an absence of hate. From the very beginning every wave of immigrants has brought greatness. I look forward to the next wave which will make us great … again.

Of Presidents and Royalty

Today the baton passes from Barack Hussein Obama to Donald John Trump. With the changing of the guard we will see differences in rhetoric, communication style and outward focus on the public side of Washington. Away from public view, because of the bureaucracy, some things will remain same.

Program near the steps of the Capitol in Washington, DC

Eight years ago I looked at the name of our President: Barack Hussein Obama. Barack is Hebrew for blessing (or lightning), Hussein is Arabic for a good or beautiful child. It is also a name for kings, such as the King of Jordan and former king of Iraq. Obama is a family name.

Parade in Washington, DC

Our new President also has an interesting name, Donald John Trump. Donald from the Gaelic Domhnall means ruler of the world. John or Johannan comes from the Hebrew word (יוֹחָנָן) God has graced. Our new President’s last name is a shortened form of an occupational term, Trumpeter. This is appropriate because twittering can be seen as a different form of trumpeting.

Constitution Hall in Philadelphia, PA

Today in Washington D.C. we transition from the reign of “Lightning beautiful child Obama” to the ascendancy of the “Trumpeter who is by the grace of God a Ruler of the World.”

Statue of Liberty welcomes immigrants to the USA

So, what will the administration of Donald John Trump look like? I borrow a line from Fiddler on the Roof, “I tell you, I don’t know.” For the time being I just observe. In four years we will know, and in fifty years historians will decide what “really” happened during Trump’s tenure.

What a fractured world looks like from World Trade Center

One thing we do know (and that we have already seen), promises will be broken. This is true of all Presidents. They can not be blamed, especially a man like Donald Trump, for he comes with no experience in government. And even if he had experience, there is no way to anticipate future events which will torment or bless his dynasty.

Festival on the Mall in Washington DC

A second thing which our new President will discover is that the office of the President changes a person. Contrast the philosophies of Barack Obama eight years ago with what we see in him today, there is change. This can be said of any President. During each year of our President Trump’s sovereignty we will see changing strategy. And if his hairdresser does not mess with it, we will see the graying of the hair which comes with wisdom.

Changing of seasons in the mountains

My prayer for our new President is that he will bring to pass the self-evident truth “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.” By this I mean that all people: Black, White or Brown; Christian, Islamic, Hindu, Buddhist, Jewish, Agnostic or Atheist; Rich or Poor, Democrat, Republican or Libertarian; Inner City, Suburban or Rural, will come to have value.

A street in New York City

The scripture tells us, “When he takes the throne of his kingdom, he is to write for himself on a scroll a copy of this law, taken from that of the Levitical priests. It is to be with him, and he is to read it all the days of his life so that he may learn to revere the Lord his God and follow carefully all the words of this law and these decrees and not consider himself better than his fellow Israelites and turn from the law to the right or to the left. Then he and his descendants will reign a long time over his kingdom in Israel.” (Deuteronomy 17:18-20)

The President should defend the cause of the fatherless and the widow, and love the foreigner residing among within our land. (Dt. 10:18)  He should guard the common laborer and make sure they receive a fair wage “because they are poor and are counting on it.” Our bankruptcy laws should be overhauled to make sure workmen and small business owners are always paid for work performed. (Sorry about the rant but too many Christians have told me there was no problem with Donald Trump’s declaration of bankruptcies in order not to pay small businesses because the law allows it). “Otherwise they may cry to the LORD against you, and you will be guilty of sin.” (Dt. 24:15) The President (and all of his men) should not murder, commit adultery, steal, bear false testimony or send wrongful tweets. (Exodus 20)

Lincoln Monument and Reflecting Pool in Washington DC

We are to “be subject to the governing authorities” (Romans 13:1) and submit to the king as the supreme authority.” (1 Peter 2:13) Paul wrote, “that petitions, prayers, intercession and thanksgiving be made for all people--for kings and all those in authority, that we may live peaceful and quiet lives in all godliness and holiness.” (1 Timothy 2:1-2)

Many approach the next four years with great hope. Others move forward in great trepidation. I pray that in the end we will find unity, prosperity and peace.

Exodus: Ben Finkelstein

His hometown might have been Stanislwow, but his heart was on bigger things. Although Stanislwow was called home by a large Jewish population, Ben Finkelstein saw no future there. He wanted larger things. He learned the garment industry from his father, Joseph, and his mother, Rifka, for clothing manufacture was the prevailing industry of this community.

In the past Stanislwow had a thriving economy. It had been on one of the main trade routes running from the Ukraine into Austria and Europe. However, changing politics of this region pushed the flow of commerce elsewhere, and in Ben Finkelstein’s time, other than clothing manufacture, and a pitiful agricultural yield the economy of Stanislwow, and the region called Galicia was poor at best.

Galicia, perhaps because of its beauty, drew people. There were more people per acre here than in most places in the world. The region boasted a great Jewish population, and was the home of Hasidism. However, for Ben Finkelstein, the glitz and the glamour lay elsewhere; further east, in the region currently controlling Galicia: Austria.

As a young man Ben felt the call of the city, and he left his family to create his life and to make his fortune in Vienna, the capital of Austria. He left behind the world he grew up in, his family, and the family trade in the garment industry to create something new for himself. He found work driving a taxi. He found life in the theater and the thriving culture of urban Vienna.

My mother tells how he made friends with the Emperor’s son, Franz Ferdinand, who took the taxi whenever he went on a tryst to see his mistress lover in a distant quarter of Vienna from the palace. The friendship was not immediate, but Archduke Franz Ferdinand found my grandfather was a calm spirit who could be trusted. My grandfather became the Archduke’s regular transportation for his secret affair.

Ben loved the culture of Vienna. He found many new friends. He enjoyed the theater, dancing, and concerts. But as in his homeland of Galicia, the politics of Europe were changing. In 1914, crown prince Franz Joseph was assassinated by a Bosnian dissident. This event would throw Europe into a world war. Ben Finkelstein knew this killing would also bring a wave of antisemitism across the region.

Ben could have escaped the turmoil of the Hapsburg Empire by going home … but the Ukrainians were also gearing up for war, and would have quickly inducted a young man in his 20’s into the army. Ben Finkelstein said, “I don’t hate anyone;” and headed for Bremen, Germany. He boarded a ship, the Breslau, and headed for the United States of America.

Ben Finkelstein had an acquaintance who my Grandfather said would receive him when he entered the country. Be followed in this man’s footsteps, entering the United States at the port of Baltimore, and quickly moving to Columbus, Ohio. Once in Ohio, he found work in his family trade, as a presser in the garment industry. He of course found the Yiddish Theater, and a young lady who captured his eye. His Exodus from poverty and antisemitism was complete.

Exodus: Solomon Tabatznikoff

     According to family tradition he was a simple country doctor, who lived in a village on the road from St. Petersburg to the Tzar's Crimean resort. At least once when the Tzar's son was in a medical crisis, this family doctor was able to help. Other than that, Solomon lived a quiet life in his community among his people.
     But then things changed. Following the death of Tzar Alexander II anti-Jewish sentiment arose within Russia. The first trouble arose in Kirovograd the end of April 1881. This spread throughout the region to Kiev and to Odessa. Property was destroyed and homes were set on fire.
     Count D. Tolstoy, the new minister of the interior wrote in June 1882 the riots were the result of poor oversight by governors and other officials in the area. But in other quarters officials pushed an anti-semetic agenda. Nikolai Ignatyev  minister of internal affairs pushed through a law which prohibited Jewish settlement in unauthorized areas; it forbid signing deeds and other legal documents with Jews until their legal status could be decided; and Jews were forbidden from doing business on Sundays and other Christian holidays.

     As the persecution continued Solomon worried about his family. Life looked better elsewhere. He talked with the neighbors about moving, and about greener pastures.  All this was a concept until a new progrom hit the village.  Solomon got mad and punched a Kosack in the nose.  He knew he needed to leave his village.

     So the Tabatznik family Solomon, his wife, and nine children, boarded a ship, and traveled to France. A distant relative lived in France. Following a long passage across the Black Sea, through the Bosphorus, around the tip of Greece into Italy.  Then the family walked to Paris.  Solomon found the home where his relatives lived, and knocked on the door.

     Solomon's uncle opened the door, and it is reported my Great Grandfather said, "I'm here with my wife and nine children.  We're staying."  Solomon told his uncle how life was bad at home, and they needed to move.  They would stay until they could figure something out.

     After a few years "Uncle Louie" figured something out.  He received a flier telling about the Jewish Colonization Association funded by philanthropist Baron Maurice de Hirsch.  "Uncle Louie" convinced his nephew to apply.  Funding was obtained, and in April 1893, the Tobatznik family boarded the Maasdam in Boulogne for New York in the United States of America.  

     The passage was hard.  Many doubted the food was kosher, so they did not eat.  The ship was crowded and sanitation was poor.  One government report spoke of cholera outbreaks which were transported in situations like this.  It is said five children died on board the ship, and Solomon's wife died soon after arrival. 

     Solomon found housing in a tenement and survived as he could.  He would find a desperate landlord, and move his family into an apartment with the promise of pay, until the money was due.  Then he moved elsewhere.  Solomon came with no money, and no job.  He eventually found work in a Piano factory, where he supported his three children the best he could.

     Eventually Simeon, his son was old enough to find work in the garment industry.  At first it was just piece work.  Simeon worked hard, made friends, and became a salesman.  The Exodus was complete. The family had found their Goshen.

To learn more and hear me read this story, visit Chelsea's VoiceThread project from her class at the Jewish Theological Seminary last year. Click images on the left to page through her presentation and hear the stories!