I can't believe Air America is not reporting this. (*Suspending all laws*)

[wildflower]

There is a bill, H.R. 418, "The REAL ID Act of 2005," giving Homeland Security the power to suspend all laws.

I don't know how I missed this earlier. There have been several threads, I just ran across this in a search.

While they're talking about Social Security and the budget on AAR, this bill is moving through congress!

I can honestly say this is the scariest thing I have seen yet. And that's saying a lot.

Here's one of the threads on it:

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=3072710

Please kick this or one of the other threads, and contact your congressmen and the media right away!

-wildflower

ON EDIT: I didn't mean to imply Social Security and the budget are not important; they are extremely important! But I am afraid they may be being used as a distraction tactic right now, while this bill is moving this very week.

And maybe this has been reported on AAR but I missed it. I hope it is being reported!

[Downtown Hound]

1. F.E.M.A. has had the power to do this for years

The thing about this is its giving homeland security the power to do it. But the concept is not new. But you're right, it should be getting more attention.

[merwin]

2. But can FEMA do it without judicial oversight? I doubt it.

[wildflower]

4. That's right, this bill includes language that bars any judicial review.

I don't know about FEMA.

-wildflower

[Downtown Hound]

6. I honestly don't know what procedure is involved in the

suspension of Constitutional authority. Knowing Bushgang, I'm sure that homeland security now has far more power than F.E.M.A. does.

[wildflower]

3. As I understand it, this gives power to one person, to suspend all laws

One person who is appointed by Bush.

I didn't know that about FEMA; but they would have to prove a disaster, right? They can't just do it for any reason they like, as the Secretary of Homeland Security could?

-wildflower

[solinvictus]

7. FEMA..

has had this authority since the Cold War without judicial oversight. As a matter of fact, in an emergency, the judiciary is subject to martial law. It's nothing new, except it's more disturbing in light of the Bushistas.

[Atman]

5. READ CAREFULLY....I don't think it says "suspend all laws"

I found the text in question. I'm no legal scholar, but if I read it correctly, the item re: suspension of laws was only in regard to laws which would delay their timely construction/reconstruction of roads and barriers near the border. Am I wrong on this one?

...at his absolute discretion, any and all laws he deems necessary to waive in order to expedite construction of barriers and roads in the vicinity of the U.S. border.

As with FEMA, when you're in an emergency situation and need to lay down some pavement in order to get (re)construction equipment into an area, you can't be waiting six weeks for a permit or an EPA impact study.

I am reasonably sure that his all that this says, although that doesn't mean it isn't a cause for concern.

ON EDIT: re: Judicial Review

AFAIK, the legislative branch cannot write a law saying the judicial branch cannot review something. These are SEPERATE branches with sepearate oversite duties. The whole concept of a law being "unconstitutional" would be moot if the legislature could simply exempt its work from judicial review. All they'd have to do is write a similar clause into every precious bill they want passed. Our system doesn't work that way, no matter how much BushCo wished it did.

[wildflower]

8. Here's the language of the clause in question...

(I found it at http://www.dailykos.com/story/2005/2/5/15448/41910 )

SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.

Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:

`(c) Waiver-

`(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.'.

And comment from the person who posted it:

What does this mean? What laws might the Secretary of Homeland Security suspend?

The first obvious sets of laws that would come under attack would be environmental and labor laws. On the environmental side, think "Endangered Species Act." On the labor side, think "Davis-Bacon" prevailing wage laws and the right to organize and collectively bargain.

Also think "whistleblower laws." Homeland Security wouldn't want any pesky do-gooders blowing the whistle on corruption in contract awards.

But wait, would all of these suspensions only apply to the physical, on-location construction of the roads and barriers?

Nope! There's no such limitation in the law. You can follow this right to suspend the laws anywhere someone might be claiming legal rights and slowing down the process. The manufacturers of equipment and materials would certainly fall under this provision, for example. The government workers dealing with any aspect of this construction, in Washington or California or wherever would also fall under this provision. A city council objecting to something about the project could fall under this provision.

It's an incredible usurpation of the rule of law. A cabinet secretary is given the right to suspend any and all laws. And guess what? The courts are prohibited from reviewing his decision! Perfect! So the Secretary can abuse his "authority" all he wants. No review. No nothing. Welcome to the Second Term.

Let me repeat the language:

"the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion"

Again:

"the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion"

Got it?

What do you think?

-wildflower

[wildflower]

9. Contact page for Air America

http://www.airamericaradio.com/contact.asp

You can choose a show and write to them.

-wildflower

[Theres-a]

10. Kick