Posted on 05/25/2006 3:44:46 PM PDT by no dems
In total truth this IS Bush's fault.
Well, thank goodness W rescued the Sphincter from possible defeat in the primary by a real conservative, Toomey. Otherwise, PA might have elected someone who doesn't think we have to ask permission to guard our own border. This is the most disgusting thing in a whole list of disgusting things in this bill. Everyone must call Hastert and tell him to appoint strong border defenders to the conference committee. NO RINOs!
Scottish Law and Magic Bullets, he has a lot to atone for.
The government could just ignore this provision like they ignored the enforcement provision of the last Immigration Reform from 20 years ago.
Why should he start now?
On the contrary, "consult" implies input and discussion, especially in a governmental setting. This is an opportunity for the Mexican governments at all levels to tie any progress on a fence up for years in court, claiming they were insufficiently consulted prior to building it. "Consult" gives them an implied right to review blueprints, construction plans, and raise objections at every point in the pathway.
No doubt there will be a string of lawsuits spawned by this measure, endless delays, and the result will be a fence 3 inches high with waterfountains and rest stations at no less than quarter mile intervals.
Mirriam Webster is not source that will be used to determine the meaning of the words in this measure. Mandatory consultation does not require permission but it does require a defined process of input, advice, feedback, discussion etc etc which can take years to complete. It opens any efforts to construct a fence to charges of inadequate consultation with years of litigation likely.
To make matters worse, the bill defines the purpose of the consultation as being:
"...solicit the views of affected communities, lessen tensions and foster greater understanding and stronger cooperation"
Any methodology which does not completely fulfill the above explicit purposes can be the grounds for further court imposed delay. For example some group in Mexico can come forward at the last minute and claim their views were not solicited and take it to court. Strong protests by a group of Mexicans might be used to claim that the consultation to date was insufficient to 'lessen tensions' hence more consultation was necessary. Etc etc etc.
Some of these arguments would no doubt be raised to block building a fence anyway. But the fact that they are spelled out in the measure itself makes such obstructive efforts far more likely to gain the sympathy of the courts.
I'm not a lawyer, but I have worked with plenty of govt programs and contracts, and believe me nobody hauls out a dictionary to interpret the law in these kinds of cases. We could only wish that were true.
Of course I agree with the idea of better judges, but that begs the question and does not address the problem.
Everything you said is true and I ain't got my tongue in my cheek. :)
Immediately before the final vote yesterday, conservatives suffered what they viewed as one final insult. Buried in a 125-page last-minute amendment was a requirement that local, state and federal officials in the U.S. consult with their Mexican counterparts before they can start building the fence.
Not if we do our jobs. They only are two votes..we may have a few more. Christopher Sheys has figured that out.
The man who wants to run for prez LOL
Thank you President Bush and Senator Rick Santorum (R-PA) for campaigning so hard for Specter in the '04 GOP primary in PA
whatever happened to Arlen's beloved "separation of powers?'..imagine...the Congress telling the Executive what to do..
It will when Rove and Bush apply appropriate pressure
Folks, this is not so bad. It depends on how the administration interprets the word "consults". I would have expected any administration to consult with Mexico before building significant sections of wall. It is part of being a good neighbor, whether they are or not.
Remember that "consult" does NOT mean "ask for permission".
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