With a wave of his hand...

Unconstitutionally, Congress gave Homeland Security the authority to waive the laws. A kind of "Enabling", eh?

So just by waving his hand, Chertoff nullifies laws to finish fence on U.S.-Mexican border.

What laws will be next?

By Mimi Hall
USA TODAY

http://www.usatoday.com/printedition/news/20080402/a_border02.art.htm

WASHINGTON — The Homeland Security Department used its legal authority Tuesday to waive environmental and land management laws so it can complete 670 miles of fence along the U.S.-Mexican border.

The waivers will allow the department to move ahead with miles of pedestrian- and vehicle-fence construction as well as roads and detection systems.

Homeland Security, under orders from Congress to build the fence, has run into intense opposition along the border from landowners, ranchers and environmentalists. Many didn't want their land taken or for wildlife and rare species to be disturbed.

"Criminal activity at the border does not stop for endless debate or protracted litigation," Homeland Security Secretary Michael Chertoff said. "The waivers will enable important security projects to keep moving forward."

The waivers apply to sections of the border in California, Arizona, New Mexico and Texas. They allow Homeland Security to skip required studies of how its construction projects would affect areas with fragile environments, protected wildlife or historic value.

Although Congress gave Homeland Security the authority to waive the laws, some members were furious. "Today's waiver represents an extreme abuse of authority," House Homeland Security Committee Chairman Bennie Thompson, D-Miss., said. "Waiver authority should only be used as a last resort."

Environmental groups also expressed alarm. "The DHS decision … will jeopardize the economy, quality of life and beauty of South Texas," National Audubon Society President John Flicker said.

It is not the first time Homeland Security has used waivers. In 2005, it waived environmental restrictions to build a section of fence in San Diego. In 2007, it issued two waivers in southern Arizona.

In a statement, Homeland Security said it "remains deeply committed to environmental responsibility" and will make every effort to "ensure impacts to the environment, wildlife and cultural and historic artifacts are analyzed and minimized."

I,
oh I,
can turn a gray sky blue,
you see, I can make it rain when I want it to
oh I,
can build a castle from a single grain of sand
you see, I can make a ship sail on dry land.
Ain't happy am I with all the powers that I possess,
girl, you're the key to my happiness,
and I can't get next to you, babe
can't get next to you.
I've been trying a long time
I don't know what to do
Oooooo
Let me say,

I,
I can fly like a bird in the sky
I can buy anything that money can buy
Oh I,
can turn a river into a raging flood
I can live forever if I so decide
Ain't happy am I with all the powers that I possess,
oh, you're the key, 'cause
I can't get next to you, babe
can't get next to you.
I've been trying for such a long time

Let me tell you that

I,
I can turn back the hands of time
you better believe I can
Oh I, you see, I can make the seasons change
just by waving my hand
Let me say,

I,
I can change anything from old to new, girl,
oh I, all the things I want to do the most,
you see, I'm unable to do
unimportant, all these things that I'm trying to do the other day, girl,
you see, I can't get next to you, baby
can't get next to you
I've been tryin a long time...
oh if somebody'd only help me...
oh, let me, let me go...
whooooo...

I,
I've been working on it baby
I've been thinking about it you see,
I've been trying to call you all day long but, you see,
I don't have your phone number, honey
I,
I've been thinking about you baby something awful,
you see, sometime I feel like I want to moan about it
and I just don't know what to say
and I say
Oooooohhhhhheeeeeeeeeeeeeeeeeeeeeeeee...

"Can't get next to you"
-- Al Green
The best version of this song ever recorded!