GOP proposes bill that would suspend ALL laws

[Guest guest]

This bill is scary in more ways than one, but can be it passed?

Wouldn't this be setting a precedent to eradicate any need of a

Judicial system? Congress cannot pass a law that excludes Judicial

review. The Constitution, which ALL laws must abide by, sets forth

THREE branches of government. An executive (what a joke) a

legislative (bigger joke) and the judicial branch, and our Judicial

branch, the US Supreme Court, has the Constitutional-given right to

review any and all laws within the United States. If Congress is

allowed to get away with this, they may as well disband the Supreme

court. Who needs a watchdog over Congress and the president? They

passed the Patriot Act anyway didn't they? Someone correct me if I am

wrong.

 

Brandon

 

 

On Wed, 9 Feb 2005 18:58:40 -0800, Paul Blumstein <pbandj wrote:

>

> We the People Scoop 02/06/05 ** Special Edition **

> =========================================================

> WE THE PEOPLE SCOOP - TO EXPOSE! **

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>

> MEDIA RELEASE: GOP proposes bill that would suspend ALL laws

>

>

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

>

> GOP proposes bill that would suspend ALL laws

> by valaborzzz

> Fri Feb 4th, 2005 at 22:54:48 PST

>

> This is probably the wrong time of day to post something like this. But it

> needs to get out there. Please recommend this diary to keep it on the

> front page.

>

> On January 26, 2005, Rep. Sensenbrenner introduced the REAL ID Act of 2005

> (H.R. 418). 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:

>

> Diaries :: valabor's diary ::

>

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

>

> Section 102© of the Illegal Immigration Reform and Immigrant

> Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as

> follows:

>

> `© 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.

>

> 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?

>

> The bill may be going to the House floor next week. ON EDIT: Here's a link

> to the bill: HERE

> http://thomas.loc.gov/cgi-bin/query/D?c109:6:./temp/~c109XtLfwh::

" The only thing necessary for evil to triumph is for good men to do

> nothing. "

>

> Edmund Burke 1729-1797

>

> " Those who beat their swords into plowshares will plow for those who still

> have swords. "

 

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strange Oriental magic of the Siamese cat

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remain in its enchanted spell. " Joan Moore