Checks and Balances... sick and dying.

As I began to shake off my Superbowl induced haze this morning, this diary at DailyKos caught my attention.

It's about a bill currently in committee in the House of Representatives that proposes sweeping new powers for the Secretary of Homeland Security. In general, the bill deals with Homeland Security and updating laws surrounding immigration policy, uses of I.D.'s, etc.

Section 102 raises the eyebrows, however. In this section we see the following:

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.'. (emphasis added)

Frightened yet?

Basically, this bill includes a provision to allow the Secretary of Homeland Security to waive laws as he sees fit, and then removes the ability of the courts to challenge this act of waiver. The question really is, what is the limit of this power?

It's incredible to think that a congressional committee wouldn't laugh this kind of language right out of the room. The problem is that the Chairman of this committee is the same congressman (Rep. David Drier (R-CA)) who wanted to put a similar provision in place soon after 9/11.

Read the linked diaries for more info, and I'll try to keep an eye on this as it goes through committee. This is where the Dems (and Nancy Pelosi, specifically) need to make this into a public issue. There are a lot of other topics getting front page ink right now (Social Security, Iraq, etc.) but a bill that places the Department of Homeland Security above the law is something that needs some individual attention, especially since the Congress just confirmed an Attorney General who believes the President has an "executive override" over laws he doesn't agree with. The trend here is becoming disturbing.