When 100,000 US workers lose their jobs through outsourcing, usually for at least a short to moderate period of time, America misses out on their income tax contributions, their value-added tax contributions through various purchases/services and in a nutshell cities and localities die and people move to jobs wherever they can find them and overcrowd services wherever they land. The balance is that the Chinas or Indias of the world will gain that many more workers and fortify their economies and tax bases accordingly. The argument that we ought to pay USC and LPR more to fill those unwanted jobs is also a nonstarter. Instead employers will shift those jobs to the extent that they can to foreign lands to save on cost and maximize profits (or those jobs will be vacant for long periods of time or simply go undone). In that case, the only winners are those with ownership in those outsourcing companies since in most cases, the production savings are not always passed on to the consumers. On the contrary, outsourcing pushes the producers’ profit margin way beyond the acceptable norms in the US marketplace.

The converse of that is that when people, including undocumented immigrants live and work here, they fortify our economy in that they must live somewhere: tax; they must eat something: tax; they must be clothed: tax; they must be schooled: tax; they must be cared for: tax; they must be transported somewhere: tax; they must use various services: tax and they will make various purchases (including “big ticket” items): tax, etc. When the government perceives taxes, it can then build roads and schools, hospitals and prisons, not to mention fight wars and protect us all. It can create jobs and provide services to the needy and serve the tax payers. It can replenish its social security benefits coffers and continue to pay out the aging or retired workforce and so on and so forth. Cities and localities flourish in turn and more work and tax contributors are created. Let’s not ignore the fact that the US has to compete now and in the future with the likes of the European Union, China and India just to name a few. China and India alone account for over 2.5 Billion people as we speak. Can you now begin to understand the economic (and military) power that these countries will command?

Aime M. Katambwe, Esq.  7/26/2012

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A lawsuit recently filed at the 9th Circuit’s US Federal District Court for the Central District of California in Los Angeles (where else?) challenged the DOMA. The Center for Human Rights and Constitutional Law filed the Arenas, et al. v. Napolitano, et al., (Case No. SACV12-1137-JVS(MLGx) case that is now seeking class action status in order to interdict and eschew the many malevolent dictates that the DOMA imposes on our Constitution.

This may just be the type of action that was needed in order for this abomination of a law to be shown for what it really is: a senseless discriminatory act justified only by the self-righteous moral convictions of certain groups. Discrimination is never a reasonable act in the application or abrogation of a group of people’s civil rights. It is quite simply abhorrent any way we look at it. Discrimination is anathema to our Constitution. That is why the sister States ratified the 14th Amendment to the US Constitution, among other reasons. In the end, those who fight for the civil rights of all always prevail because it is just the right thing to do. There is no reason why some groups should have more rights than others in a country that unabashedly declares that “all men [includes women] are created equal.” Either you believe it or you don’t.

I for one would have preferred it if this law had never been enacted at all. I am all the more appalled that it was signed into law by a lawyer of all people! This is because a simple scan of the Equal Protection Clause of the 14th Amendment would have revealed it to be unconstitutional; I don’t care any way you nuance it, it has been, is and shall always remain unconstitutional. President Clinton should never have signed this abomination no matter what deal he had to make to move his agenda forward in Congress. It was not only dumb, but also regressive in terms of all the gains in Civil Rights that had been acquired up to then.

The only saving grace here is that the US Supreme Court (SCOTUS) [comprised of lawyers], the guarantor of our Constitution will get to lay this beast to rest. It is SCOTUS’ rightful duty to administer the final blow to the DOMA. I don’t know if you have heard, but the SCOTUS is on its way to reclaiming its full credibility with Chief Justice Roberts at the helm. As a lawyer, I can only be proud with what I perceive as an attempt to return to impartiality by the SCOTUS with the Affordable Care Act decision.

It does not hurt either that another lawyer, here President Obama, militates for the gutting of this law. I guess lawyers can, as I always believed, affect this country for the good after all. It is time for the DOMA to go. It has to go. Period!

Aime M. Katambwe, Esq. 7/15/2012

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