The Patrick Henry Democratic Club
HR 418 "The Real ID Act" (now
attached to and part of HR 1268, the Iraq Appropriations bill)
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.
`(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.'.
So often lawmakers do
not realize the ramifications
of their words until years after laws go into effect.
The best example is the use of Commerce Clause of the U.S.
Constitution as the number one excuse for federal intervention in
matters that do not seem in any logical way related to commerce. It is common practice to take language out
of context and use it to apply to situations that those writing those
could not even begin to imagine. All too
often, the courts go along with this extended construction of the law.
The lack of judicial review, while undoubtedly unconstitutional, is likely to be adhered to by timid justices and those in the employ of the Bush and Cheney families. Is this another end run around the Right of Habeas Corpus? The Constitutional Right of Habeas Corpus proved ineffective against Ashcroft. Jose Padilla is still not free and HR 418 was not even in existence when he was placed in detention.
The result of one barrier and roads project was
Auschwitz. HR 418 appears likely to
take America in the same direction followed by Germany under Adolph
when he closed the borders and sent people to the death camps.
How the House Voted