From The New York Times, 4/8/08:
http://www.nytimes.com/2008/04/08/us/08bar.html
By ADAM LIPTAK
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Last week, Mr. Chertoff issued waivers suspending more than 30 laws he
said could interfere with “the expeditious construction of barriers”
in Arizona, California, New Mexico and Texas.
The list included laws protecting the environment, endangered species,
migratory birds, the bald eagle, antiquities, farms, deserts, forests,
Native American graves and religious freedom.
The secretary of homeland security was granted the power in 2005 to
void any federal law that might interfere with fence building on the
border.
For good measure, Congress forbade the courts to second-guess the
secretary’s determinations.
So long as Mr. Chertoff is willing to say it is necessary to void a
given law, his word is final.
The delegation of power to Mr. Chertoff is unprecedented, according to
a re****t from the Congressional Research Service.
It is also, if papers filed in the Supreme Court last month are
correct, unconstitutional.
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How 'bout that.
Harry
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