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post #1 of (permalink) Old 05-11-2005, 10:58 AM Thread Starter
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OT - in case you live on the border

Okay, I like playing with fire, that's why I'm a blacksmith, but this may ignite more that I want....oh well...

I heard about this today and went and looked it up myself. It says that if the Secretary of Homeland Security feels that any law stands in the way of doing what he needs to do, then it is waived and we as citizens have no way to protest it.

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, administrative agency, or other entity 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.'.

For those that live near the border, it seems that this would affect you most.

For those who like to read the actual source of such stuff instead of believing me, here's the official Library of Congress website: http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR01268:

From another perspective, could this open more roads in areas that are not currently allowed to have them?

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post #2 of (permalink) Old 05-11-2005, 11:22 AM
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Re: OT - in case you live on the border

I think they are trying to make it easier for illegals to cross over the border.
Politicians think people here illegally can vote for them.
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post #3 of (permalink) Old 05-11-2005, 11:37 AM
 
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Re: OT - in case you live on the border

I live near the other border, the one to Canada. We are seeing changes as well. We used to be able to enter your country without a passport, but that is now or has become a requirement. It will mostly adversely affect border towns where a fair bit of shopping traffic from Canada occurred. Too bad the world has changed in the direction it has. I hear you Americans always needed passports to get back into your own country? If so, then I guess you already had them to come here to fish and hunt. We will all have to see how far they take all this.
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post #4 of (permalink) Old 05-11-2005, 12:05 PM
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Re: OT - in case you live on the border

Didn't always need passports. I went to Tijuana and points south in Baha several times and got back in on my driver's license. Same going in and out of Canada in the Niagra Falls area.

My reading of the law suggests that if the Secretary determines that it's necessary to waive a seatbelt law in Illinois to expeditiously build a road in Arizona, there would be no way to challenge that determination.
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post #5 of (permalink) Old 05-11-2005, 12:20 PM
 
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Re: OT - in case you live on the border

Potential constitutional challenge? In Canada, a similar law might be challenged under the Charter of Rights.
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post #6 of (permalink) Old 05-11-2005, 01:54 PM
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Re: OT - in case you live on the border

It seems like it has good potential for a serious challenge. It's obvious that the legislative branch has turned its duty to make laws over to the executive branch. Plus usurping the rights of the states to make their own laws. Not the first time it's happened, unfortunately.
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post #7 of (permalink) Old 05-11-2005, 05:38 PM
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Re: OT - in case you live on the border

[ QUOTE ]
It's obvious that the legislative branch has turned its duty to make laws over to the executive branch.

[/ QUOTE ]

Don’t know about that, I think maybe the executive branch TOOK the power and since that branch hasn’t vetoed a bill since he got into office, he’s pretty sure nobody’s going to fight him. Or maybe you meant that they gave it away by default, failure to object.

Why shouldn’t he though? The Supreme Court has been legislating from the bench and restricting states rights, for decades.

Listen to me when I say, “It isn’t the soldier who protects your rights. They have all been lost from within.” This is a “do it yourself” project. It’s up to YOU to protect anything you want to keep.
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post #8 of (permalink) Old 05-11-2005, 05:59 PM
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Re: OT - in case you live on the border

[ QUOTE ]
Listen to me when I say, “It isn’t the soldier who protects your rights. They have all been lost from within.” This is a “do it yourself” project. It’s up to YOU to protect anything you want to keep.

[/ QUOTE ]


CJ7Taz, I'm not trying to harp on you, but I'm not sure what you meant by this. I'm a soldier and I believe that my sole function as a soldier is to support and defend the Constitution of The United States, against all enemies, foreign or domestic! That's means protecting the rights of every American that lives and breathes, no matter what their political affiliation is or what their personal preferences are towards God and country. I do not feel like I'm lost, but that I have a purpose. To say that it isn't the soldier who protects your rights, is to say that all who have died believing that is what they were doing, all died in vane. Today we all volunteered to be here. There is a war going on. Not the war that I would want to fight if I decided, but I took an oath, so I'll obey my orders to the fullest extent. Maybe you took that oath at one time, and disagreed with the way things were going. That's what is great about our country. You were not forced to serve, and a soldier insured that you were not. Believe me, I disagree sometimes as well, but I believe in our country, and our people. I have given 6 years to the service of the American people. I will give as many as it takes to insure my children are able to disagree, as they see fit, with the way our leaders make decisions. I'm here to insure that they have that right! Back to the subject, do I agree with the SHD being able to waive laws, well that is a tricky question. I do not believe that they should be able to come into an American citizens house without due process of law. If that citizen has been breaking laws or can be proven to be conspiring against our country in such a way as to be harmful to our national security and the welfare of our citizens, then I believe that they forfiet their rights as a citizen and are not entitled to the rights granted us through the Constitution. [img]/ubbthreads/images/graemlins/usflag.gif[/img]
post #9 of (permalink) Old 05-11-2005, 06:23 PM
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Re: OT - in case you live on the border

[img]/ubbthreads/images/graemlins/applause.gif[/img] [img]/ubbthreads/images/graemlins/applause.gif[/img] [img]/ubbthreads/images/graemlins/applause.gif[/img] [img]/ubbthreads/images/graemlins/applause.gif[/img] [img]/ubbthreads/images/graemlins/applause.gif[/img] [img]/ubbthreads/images/graemlins/applause.gif[/img]
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post #10 of (permalink) Old 05-11-2005, 06:24 PM
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Re: OT - in case you live on the border

I meant exactly what I said.

You’re young, you’ll learn but in the meantime ponder this; how would you be able to protect the Constitution from the president when he is your Commander in Chief?
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