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 report from the Congressional Research Service. It is also, if papers filed in the Supreme Court last month are correct, unconstitutional. (New York Times, Tuesday)
Can Congress repeal the division of powers?
FEE Timely Classic
Constitutions Should Say No by William Henry Chamberlin