OT Re: [ale] Big Brother Wins, We lose... From /. Real-ID Passes U.S. Senate 100-0

Michael B. Trausch fd0man at gmail.com
Wed May 11 16:13:10 EDT 2005


Sean Kilpatrick wrote:
> 
> I would suggest, gently, that the Constitution does not speak to
> the issue of personal identification. The (mostly) forgotten Tenth
> Amendment states, "The powers not delegated to the United States by
> the Constitution, nor prohibited by it to the States, are reserved
> to the States respectively, or to the people."
> The Founding Fathers deeply feared a too powerful Federal Government.
> They very deliberately created a Republic of States, not a homogeneous
> National identity. Yes, the republican form of government can be a
> bit messy at times. But it serves as a strong check rein to unbridled
> Federal power. And, yes, identification papers were the rule, not the
> exception throughout Europe at the beginning of the 19th century, thanks
> to Napoleon.
> 

It still kills me how many people think that the intended system of
government is still in-tact.

In short, research what type of law the United States is currently
under.  Under Constitutional law, the following would be very hard to
pass, with *any* type of justification:

*** Begin Quote ***

"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.'."

*** End Quote ***

This clearly upsets the legal checks and balances system that is
provided for under Constitutional law.  However, we are not affected by
Constitutional law, just as we haven't been in nearly 200 years.
However, that's a little tidbit of information that you'll never see
taught to you in a school, nor that you will find out on your own
without several hours of dedicated research - which most people don't
have the time or the inclination for.  This means that most people are
generally happier in a state of ignorant bliss when it comes to the
affairs of what set of laws are currently governing the body known as
the United States of America.  Or should I say, "THE UNITED STATES OF
AMERICA, INCORPORATED".

	- Mike

-- 
Michael B. Trausch                               <fd0man at gmail.com>
Website: http://fd0man.chadeux.net/     Jabber: mtrausch at jabber.com
Phone: +1-(678)-522-7934              FAX (US Only): 1-866-806-4647
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