Congress Votes to Waive All Laws for Homeland Security
[Yikes! -Thomas]
An article from OMB Watch points to provisions in the REAL ID Act, HR 418,
which would put the Secretary of Homeland Security above the law in what
appears to be a dangerous precedent. See also an earlier article (Feb. 7)
at http://www.ombwatch.org/article/articleview/2655/1/316 , which includes
text of the provision in question.
Linda Phillips
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http://www.ombwatch.org/article/articleprint/2664/-1/315/
Congress Votes to Waive All Laws for Homeland Security
» OMB Watch » Home » Regulatory Policy » In Congress » DHS Above the Law
Published 02/10/2005 04:33 PM
FOR IMMEDIATE RELEASE
Contact: Robert Shull, (202) 234-8494
WASHINGTON (February 10, 2005) – The House of Representatives voted 243 to
179 today to reject an amendment that would have stripped section 102 from
the “REAL ID Act of 2005” (H.R. 418). The bill, as passed, would empower
the Secretary of Homeland Security to waive any federal laws, without
limit, in the course of building barriers along the nation’s borders. This
controversial, precedent-setting legislation received no hearings or
extended debate prior to passage. The bill now moves to the Senate for
consideration.
The following is a statement by J. Robert Shull, Senior Regulatory Policy
Analyst with OMB Watch.
“America is a nation founded on the rule of law, but apparently not when
homeland security is involved. This is a license to waive any law, for any
reason – or for no reason at all.
“If enacted, this bill would grant the Homeland Security Secretary
unbridled authority to act however he sees fit, without consequence. His
actions also would be exempt from judicial review, making him unaccountable
to any authority.
“Laws that protect the environment, safeguard public health, ensure
consumer and workplace safety, prevent unfair business practices, and ban
discrimination – none of these laws, or any others, would apply to the
Department of Homeland Security.
“No government agency should be above the laws that preserve America’s
democracy.”
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OMB Watch is a nonprofit research and advocacy center located in
Washington, D.C., which promotes an open, accountable government responsive
to community needs. Founded in 1983 to lift the veil of secrecy from the
White House’s powerful Office of Management and Budget, OMB Watch has since
expanded its focus to address institutional responsiveness to public needs.
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Linda K. Phillips, Ph.D.
Co-moderator, LWV-Liberty@lists.lwv.org
1st VP (State and National Action) LWV-Santa Barbara, CA
Phone: 805-967-0922
Direct email: lindakp5@cox.net
Permanent forwarding address: lindaphillips@calalum.org
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