Tuesday, February 15, 2005

How do you get to Orwell?

You do this. (registration required, scroll down to "No Court shall have jurisdiction)

Here is the actual text of the law being debated in the House right now, the Real ID Act.

"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.
" (boldface mine).

I hope to living God that this bill dies or is vetoed (although I find THAT highly unlikely, given that Bush loves executive power).

How does such a bill get in? You could NEVER have had such a bill, not even during the age of McCarthyism, that so blatantly violates the Constitution, giving an executive branch official the power to overrule ANY law that prevents a security barrier or road from being built, AND cuts to pieces the check of the judicial branch's right to oversight, not to mention Congress' rights.

Do these idiots have any idea what they are doing? THEY ARE GIVING AWAY THEIR OWN POWER TO A CENTRALIZED AUTHORITY. We toppled Saddam Hussein, and now our own president is making the same manuevers to get himself the same sort of power. I don't recognize my own country anymore. This isn't America. We don't give an appointed official the right to OVERRULE LAWS! Only the United States Supreme Court can OVERTURN an existing law, and that requires a majority opinion, and it doesn't give them the right to write new laws.

Richard Nixon didn't have shit on George W. Bush and the Republicans today. The very BALLS of these people, to try and run this right underneath our noses in the middle of a TOTALLY different law. I am scared, and I am scared because what do you do when the party in power tries to subvert the very fabric of our land, to grant powers that they have no right to grant? Nixon resigned, and I always felt that he was one of the worst examples of government run amok, but now, I'm not so sure at all.

This is dangerous, this is unconstitutional, and people need to wake the hell up and realize that their country is being STOLEN by those in power. This is the very CORE of America, and if this bill isn't stopped, then we have taken a GIANT step closer to the totalitarianism this country was founded to prevent. People of all parties and ideologies need to unite, NOW, and stop this fascist bill and all the others like it. We cannot allow this to go on any longer.

Orwell may only have been off by thirty years...


Anonymous Anonymous said...

Not that you have any legal expertise to know, but the Supreme Court upheld this provision for all law enforcement officials, this bill merely extends the ability to homeland security, except where state law prohibits, so that he can have discretion to make unilateral federal decisions in the event of a nationwide security crisis. The second part of the bill sheilds the government from civil liability, which is a public policy decision, considering the flood of lawsuits, and the number of times the government could be enjoined to existing lawsuits should the states get the right to exercise this power.

12:53 PM  

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