This represents an unprecedented abuse of authority on Secretary Chertoff’s part, and clearly demonstrates the need for an immediate repeal of section 102 of the Real ID Act.  Obeying the law is not voluntary, it is mandatory, and Secretary Chertoff cannot claim that he is sweeping aside a host of laws on the border in defense of immigration laws.  In a nation of laws all laws must be respected, not just those that are convenient.

Equal protection under the law is meant to be a fundamental right shared by every American, but the Real ID Act makes the legal rights of citizens who live near the border conditional on Secretary Chertoff’s whims.  Section 102 of the Real ID Act of 2005 states, “Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.” No one else is granted this extreme power under any circumstance.  The president cannot waive our nation’s laws even in times of national crisis, and Secretary Chertoff cannot waive the laws that protect citizens who live away from the border.  Only border residents may have their legal protections waived.

In announcing the Real ID waivers Secretary Chertoff said, “Criminal activity at the border does not stop for endless debate or protracted litigation.” The waivers are essentially an admission that the border wall will itself violate up to 36 federal laws, making construction of the wall a criminal act.  If Chertoff is genuinely concerned with criminal activity he should ensure that the agency that he oversees complies with the law.

The only reason for Secretary Chertoff to waive these laws is because he knows that the border wall will violate them.  In setting these 36 federal laws aside Secretary Chertoff sets himself above the law.  If congress allows unchecked power to remain in the hands of an unelected administration appointee they are complicit in fundamentally undermining the rule of law.  Leaving the Real ID Act on the books and allowing Chertoff’s waivers to stand sets a precedent that should outrage the American people.  If our nation’s laws can be set aside to build a border wall today, they may be similarly set aside for whatever crisis politicians discover in the next election cycle.

Some while back, on another thread, I defended the position of Lou Dobbs. He was at the time making a strong case for border security, while explaining that the strong border would benefit the middle class.

Dobbs (like our current crop of politicians) is a self absorbed conceited egomaniac with an advanced case of self-worship. 

He is now pushing the Mexico wall, and attempting to bully governors into accepting a back door version of a national identity card, blackmailing folks who appreciate the fourth amendment with threats of “privilege suspension” Dobbs is an asshole… I was wrong.

The driver’s license is a license to drive, traditionally issued by state governments.  The DHS is a usurpation of State powers, and another unfunded mandate (why should citizens who are mostly poor and never fly, pay security costs for citizens who are mostly well-off and fly all the time?) Where’s the left and its “regressive tax” argument?

At some point someone is going to be forced to stand up against the assault on our RIGHTS! 

The requirements to obtain a driver’s license, that go beyond determining your ability to operate a motor vehicle are now far too onerous… I can no longer comply.