May 07, 2005

Identity Theft & Privacy: , Opinion: , Patterns in the White Noise:

Writing the judges out

    By Jack Grant

Mog pointed out this section of the Real ID Act today:

(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, administrative agency, or other entity 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.
As Mog asked:
Think about that for a minute, when in the history of the U.S. have we given one person, in this case the Secretary of Homeland Security, the authority to waive all laws with no judicial review?
This is part of a larger, very troubling trend where Congress (namely, Republicans) are inserting into bills exclusions from judicial review, and where the President has proclaimed he has the power to declare even US citizens "enemy combatants" and hold them incommunicado with no review process and no appeal.

It seems to me that both of these actions are in and of themselves unconstitutional.

Are we starting to run off the rails because the extremists have no respect for our system, and insist upon their way, 100%, no compromises, and those who crave power pander to the extreme?

Remember, folks, these are the people you elected to represent you. Was your mandate to destroy a system that has worked for over 200 years?

Somehow, I don't think it was.

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Posted by Jack Grant at 23:47 on 7 May 2005
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