{"title":"Institutionalising the Exception: Homeland Security Section 102(c) Waivers and the Construction of Border Barriers","authors":"K. Madsen","doi":"10.1080/14650045.2022.2126766","DOIUrl":null,"url":null,"abstract":"ABSTRACT To expedite the construction of barriers along the border with Mexico, U.S. Secretaries of Homeland Security have waived an extensive array of laws since 2005 when authority for such actions was first delegated to that position as part of the REAL ID Act. This paper contextualises the political origins of what is referred to as Section 102(c) waiver authority, shows how these waivers are used to dramatically expand border barrier construction, and reviews legal challenges. In doing so, it connects the use of waivers in governance as viewed through the study of law with the theoretical prominence of Agamben in the discipline of geography. By examining the specific ways in which these legal practices and their geographic expression have institutionalised a state of exception that pushes the boundary of legal acceptability, we arrive at a more transdisciplinary understanding of the role of states of exception as a tool of governance.","PeriodicalId":47839,"journal":{"name":"Geopolitics","volume":"28 1","pages":"1783 - 1806"},"PeriodicalIF":3.0000,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Geopolitics","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/14650045.2022.2126766","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"GEOGRAPHY","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT To expedite the construction of barriers along the border with Mexico, U.S. Secretaries of Homeland Security have waived an extensive array of laws since 2005 when authority for such actions was first delegated to that position as part of the REAL ID Act. This paper contextualises the political origins of what is referred to as Section 102(c) waiver authority, shows how these waivers are used to dramatically expand border barrier construction, and reviews legal challenges. In doing so, it connects the use of waivers in governance as viewed through the study of law with the theoretical prominence of Agamben in the discipline of geography. By examining the specific ways in which these legal practices and their geographic expression have institutionalised a state of exception that pushes the boundary of legal acceptability, we arrive at a more transdisciplinary understanding of the role of states of exception as a tool of governance.
期刊介绍：
The study of geopolitics has undergone a major renaissance during the past decade. Addressing a gap in the published periodical literature, this journal seeks to explore the theoretical implications of contemporary geopolitics and geopolitical change with particular reference to territorial problems and issues of state sovereignty . Multidisciplinary in its scope, Geopolitics includes all aspects of the social sciences with particular emphasis on political geography, international relations, the territorial aspects of political science and international law. The journal seeks to maintain a healthy balance between systemic and regional analysis.
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