[internetworkers] "Real ID" bill - was W Visit to Raleigh
Sil Greene
quack at ibiblio.org
Sun Feb 13 23:14:57 EST 2005
wait just one cotton-pickin' minute. where's all that carp i learned in
Gov-Ec about checks and balances? i can understand a limited waiver,
maybe, so long as the limits are sane... but my impressions of any waiver
of legislation for ANY reason is a 6-letter word: stupid.
this has gotta be unconstitutional... isn't it??
and this is in the Real-ID bill??!!
--s
from Phillip Rhodes:
>
> Umm... Just had a chance to really read the other part. Check
> this out:
>
> SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.
[snip]
> `(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of
> Homeland Security shall have the authority to waive, and shall waive, all
> laws such Secretary, in such Secretary's sole discretion, determines
> necessary to ensure expeditious construction of the barriers and roads under
> this section.
>
> `(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law
> (statutory or nonstatutory), no court shall have jurisdiction--
>
> `(A) to hear any cause or claim arising from any action undertaken, or any
> decision made, by the Secretary of Homeland Security pursuant to paragraph
> (1); or
>
> `(B) to order compensatory, declaratory, injunctive, equitable, or any other
> relief for damage alleged to arise from any such action or decision.'.
>
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