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  • From: Sil Greene <quack AT ibiblio.org>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] "Real ID" bill - was W Visit to Raleigh
  • Date: Sun, 13 Feb 2005 23:14:57 -0500 (EST)



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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