GOP introduces bill to suspend ALL laws

VaLabor

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Sat Feb-05-05 02:52 AM
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GOP introduces bill to suspend ALL laws

From dailykos:

On January 26, 2005, Rep. Sensenbrenner introduced the REAL ID Act of 2005. In the name of homeland security, it includes a number of items changing immigration laws, use of drivers' licenses, etc.

But -- most overlooked -- is Section 102 of this bill. It would empower the Secretary of Homeland Security to suspend any and all laws in order to ensure the "expeditious" construction of a set of barriers and roads south of San Diego, to keep illegal immigrants out. It also would prohibit ANY judicial review of the Secretary of Homeland Security's decision to suspend any law. ON EDIT: While the law the bill references mentions barriers and roads "near San Diego," it does not appear to be (technically speaking) limited to that area -- but to any barriers or roads "in the vicinity of the United States border." (See comments below).

The text of Section 102 is below:

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.'.

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.

LINK: http://www.dailykos.com/story/2005/2/5/15448/41910