This is a draft of an op-ed that I'm working on.
Congress' Trojan Horse
The term "Trojan horse" derives from Greek mythology's story of the warring Greeks who left a giant wooden horse outside of the impenetrable walls of Troy. The Trojans voluntarily wheeled the horse inside the city where it permitted the Greek soldiers, hidden inside the horse's belly, to easily open the city gates for the Greek army waiting outside.
In the computer world, a Trojan horse is a program that masquerades as an enticing and usually free, application. Think of a free program that appears to have a good use but instead plants viruses on your computer.
Trojan horses are no stranger to Congress. They're the product of hiding objectionable legislation in the belly of a bill so politically loaded that a member can't afford to vote against it. The image of John Kerry criticized for `voting against Iraq funding before he voted for it,' is burned in the memory of every politician. Surely none of them want to be similarly ridiculed. Attached to the latest $82 billion spending bill that authorizes funds for the Iraq war and tsunami relief, is the Trojan horse - the REAL ID Act. No member of Congress wants to go into the 2006 election explaining why they voted against supporting the troops or against tsunami refugees. The merits of the Real ID Act are debatable. Yet, it got passed without any serious debate in Congress.
Traditional Republicans, those people who used to memorize the Tenth Amendment, seem to have joined the dinosaurs and the do-do birds. Whether it's feeding tubes or drivers licenses, this Republican Congress constrains no impulse to strip discretion from the States. Most troubling for civil libertarians and true conservatives, the Real ID Act grants overwhelming authority to executive branch federal officials - allowing them to ignore federal laws and the laws of the states without any judicial limits.
Specifically, the bill calls for construction and strengthening of barriers along U.S. land borders near San Diego. In doing so, it allows the Attorney General to waive the Endangered Species Act of 1973 (ESA) and the National Environmental Policy Act of 1969 (NEPA.) In addition, it allows the Secretary of Homeland Security to waive any and all laws that he determines necessary that might impede the expeditious construction of barriers and roads along the border.
Moreover, it would prohibit judicial review of a waiver decision or action by the Secretary and bar judicially ordered compensation or injunction or other remedy for damages alleged to result from any such decision or action.
It grants unbridled authority to the federal government that's unchecked even by the courts. Aren't we glad this was passed without any meaningful Congressional debate? Barry Goldwater is surely twisting.
Without tying the Real ID Act to troop funding, it would not have passed. Of course, individual Congresspersons could have chosen to split the question on the floor and vote the provisions separately. It just required a spine to stand up to Congressional leaders. The fact that Congress didn't is more of a reflection on the electorate than the Congress. It is a reflection of the public's satisfaction with superficially issue analysis; A public that's content being left alone in their living rooms distracted by runaway brides and wardrobe malfunctions instead of getting angry at growth of unchecked governmental power; A public that feeds the lazy, hair-sprayed, shallow cable news networks; It's a public that's tuning on but not tuning in.
In an earlier age, representatives would have voted against this entire bill and forced separation. After the right-wing successful branded hero veteran John Kerry weak on defense for voting against an entire defense appropriation because it contained disagreeable provisions, no contemporary politician would dare take such risk. Jefferson said people get the government that they deserve. Congress is spineless because we made them spineless and now we've moved closer to unrestrained governmental power. It's something to think about on the longer driver's license renewal lines at the DMV.