I apologize to my readers, for I made a factual error in my newest LRC article on immigration. I said that the Real ID Act "decrees that the unconstitutional Homeland Security Department would have total authority on all matters concerning the borders, and that none of its actions would be subject to judicial review." This is overstating the case, somewhat. It appears upon another reading that the new law has given the Homeland Security Department such sweeping powers in regard to "expeditious construction of the barriers and roads under this section." However, this section does seem to be prone to abuse and being stretched, and it is quite egregious in itself. As Brian Doherty put it, "That any member of U.S. Congress could vote for a law with such a provision—giving one (non-elected, no less) official the power to override any existing law, exempt from any judicial oversight or relief, in pursuit of his goals ought to be enough to chill your blood, kids, and send us running for the border—after our passport gets biometrically chipped, of course." Wendy McElroy commented a while back on this blog about how draconian is the provision, which "exempts Homeland Security and its subcontractors from the Constitution and other laws of land, and even from judicial review."
But, as bad as it is, it's probably not quite as totalitarian as I made it out to be. I'm sorry.
