Internetworkers: http://www.ibiblio.org/internetworkers/

[burnett AT pobox.com]

On Sun, 13 Feb 2005, Sil Greene wrote:

> 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??!!

Yes, this is in the Real ID bill. Which the US House of Representatives 
voted 261 to 161 on Thursday, February 10 to pass. But the US Senate 
hasn't seen the bill yet.

Steve B


> 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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-- 
Steve Burnett    burnett AT pobox.com   http://www.pobox.com/~burnett/
System Administration Technical Documentation Information Retrieval