chip, chip, chip

[piranha]

the "real ID" act, which happens to entail incredibly wide scope for homeland security. in fact, i think this is unconstitutional:

(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.

writing bad laws is gonna help defeat terrorists? right. there are 261 people in the house who don't understand checks and balances.

Comments

[bcholmes.livejournal.com]

The terrorists won.

[king-tirian.livejournal.com]

They understand checks and balances. They also understand that there is no professional penalty for putting an unconstitutional provision in a law.

There will be an injunction placed on it an hour after the President signs it, the Sierra Club and the ACLU will have to spend tens of thousands of dollars fighting it, and when it's struck down the legislators can go back to their voters and decry activist judges and demand re-election to fight for the true will of the people.

Heck, if you're in Congress, the only thing better than solving problems is failing to solve the same non-problem every two years.

[dubhain.livejournal.com]

Got it in one. ::Salutes you.::

[novazembla.livejournal.com]

Aw goddamnit, you've just taken away my last excuse for not joining the ACLU.

@%

[mayaknife.livejournal.com]

I've noticed a big trend in the Bush administration(s) to avoid/remove judicial review wherever possible.

I wonder what they think the courts are for?