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Section 102 of the "Real ID" bill recently passed by the House

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 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.'.

Basically, this new section is replacing this old section

Waiver.--The provisions of the Endangered Species Act of 1973 and the National Environmental Policy Act of 1969 are waived to the extent the Attorney General determines necessary to ensure expeditious construction of the barriers and roads under this section.

In the past, the Attorney General had the power to waive provisions of the Endangered Species Act or the National Environmental Policy Act if it was deemed necessary to construct barriers or roads related to controlling immigration.

Now, the Secretary of Homeland Security has the authority to waive all laws in the construction of such barriers. And, on top of that, the court system is prohibited from hearing any claim or case arising from the Secretary's decision to waive any and all laws in the construction of such barriers.

The Republicans in the House have just given the Secretary of Homeland Security the power to exempt the administration from all laws and prohibited the court system from doing anything about it.

Remember when we were a nations of laws, not men?