Posted on 06/01/2007 7:11:47 AM PDT by K-oneTexas
Exclusive: The Real Deal On Real I D
by Joan Harrold MessnerDate: June 1, 2007
Even a broken clock is right twice a day...
Notice how the article can't even get past the second sentence without the obligatory "do it for the children" propaganda.
Article 1, Section 8 of the Constitution grants no power to do any such thing as a "national ID". I know the Constitution is dead and words don't mean anything anymore, but could we at least pretend that we still have a Republic? Come on; do it for the children...
I don’t like the idea of a national ID card at all. This will just be one more bite off the ever shrinking chunk of freedom we have left. We already have the resourses and personell to root these people out, our so called elected leaders just lack the cojones to to do it because of political corectness. A national ID is just a bad leaky band-aid that will do nothing but hurt those who are productive law-abiding citizens. Look how great gun control laws have worked!
I’m against it ... but IMHO the ACLU is not right on any of their stands. Period end of story. Something does needs to be done. Congress needs to get off it collective A** and get their head on straight instead of in a lobbyist A**. Not holding my breath thought on them ever changing.
It sets minimum standards that state drivers licenses must meet, in order to be "used for federal identification purposes." You have heard of the Commerce Clause, haven't you? You don't have any doubt that Congress can legislate about airline passengers, Social Security benefits, and other federal programs?
States remain free, if they choose, to issue licenses to illegal aliens. The Act only requires that "non-conforming" licenses be different in color and design from the ones that are issued to Americans and legal aliens. (Also, the termination of a license has to be the same as the termination of the legal alien's right to be in the US.)
Don't get hung up on the ACLU's arguments. They are lying about the contents of the law, which I think you will see when you take time to read the provisions of the Act itself.
Congressman Billybob
And before you say, the feds have no right to impose such requirements, the Act applies only to the use of a state license for "federal identification purposes." The states remain free, if they choose, to issue licenses to illegal aliens -- but those licenses need to be different in color and design from the federally-acceptable licenses to get on a plane, for instance.
Don't be sold a bill of goods by ACLU, or any similar, dishonest and misinformed source. I urge you to read the Act for yourself before engaging in any more jeremiads.
John / Billybob
So you don’t have to use a Real ID, you are not required to have one. However, without one, or some other alternative, you will not be allowed to board a plane or gain access to other things.
So, don't have or don't want one? Fine, drive or ride the bus or use your passport for ID.
This is just bullcrap.
I’m not a fan of the ACLU, never have been. That said, National ID is just not right. We don’t need internal Nazi passports to be presented with a heel-click anytime the feds want to do a spot check.
This whole “I can give up some of my privacy for a little security” mentality is just wrong-headed. We keep giving more and more of our privacy up for the sake of ‘security’. National ID will make my life no more safer, it will make it more difficult. It’ll be a crime NOT to have it on you. I almost always have my license but sometimes I forget it. If I get stopped now and don’t have it they don’t assume I’m a terrorist or begin to treat me like one.
I’m also not a big fan of Federalism.
In that is true then it is automatically illegal. The federal government only legally has the powers specifically granted it.
You don't have any doubt that Congress can legislate about airline passengers, Social Security benefits, and other federal programs?
Of course I do; short of a constitutional amendment, all those things are illegal.
Don't get hung up on the ACLU's arguments.
I don't care about the ACLU's arguments. If a "real ID" is so important, then it is important enough to pass a constitutional amendment to give the federal government that power so they can do it legally.
Some of those "other things" are the US Court system. When someone gets a jury summons and then goes to jail because they can't get into a Federal building, try explaining to them that the ID is "optional". For that matter, simply driving isn't an optional activity for those of us in the real world, and it simply isn't feasible for most states to have a two-tier drivers' license system.
The Framers wrote that in 1787. No amendment is necessary. Or, do you think the Framers were untrustworthy souls who wrote a dangerous document? Actually, I like the original document, but you’re free to disagree.
John / Billybob
John/BillyBob,
Usually I agree with evrything you post, but gotta say that I see this as nothing more than a part of the recent efforts to remove our sovereignity.
The SPP, NAU, Amnesty, and these cards to help track us. Conspiracy? Maybe. But just cuz you are paranoid doesn’t mean they aren’t out to get you.
Yeah, it’s just a little card. But remember, the SSN was NOT to be used for ID purposes, and yet today it is a defacto National ID Number. Remember, the set belt laws were NOT going to be used to pull you over, and yet today, it is Clickit or Ticket. It bears saying, Slippery Slope.
I can't blame you on that account. I agree with Real Id but still find this author's arguments unconvincing.
The we are at war and our lives changed forever on 9/11 crap is just emotional hype.
Such changes to our laws aren't going to go away even if the war on terror would end.
My argument for Real Id is simple. If we have a genuine need for Government issued IDs, then they should be useful ones that are hard to forge our get under false pretenses.
Article 1, Section 8 of the Constitution grants no power to do any such thing as a "national ID".
Well, let's take a look at section 8. The last line is:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
So what is included in the "forgoing Powers?
It grants the government authority to "establish an uniform Rule of Naturalization".
If you are going to have uniform rules about Naturalization, and have different rules for naturalized citizens than for others, you might need a way to identify people.
Actually it's difficult to enforce laws unless you catch people in the act and punish them immediately unless you have a good way of telling who someone is.
How do you expect our federal government to enforce our immigration laws if once someone has snuck past the border they don't have any good means to tell if someone belongs in the US or is there illegally?
The fact that they don't appear to be putting much effort towards enforcing those laws is a serious, but separate issue.
My point is that there are powers granted to the federal government that require them to identify people, and therefore they have the authority to require identification within the scope of those powers.
What the Real Id act is place requirements on State Ids if they are going to be used as a valid form of identification by the federal government. If the states choose not to make their state Ids match those requirements, then their state Ids won't be valid forms of Id for federal purposes. The residents of that state would then need to attain a passport to have a valid Id for those purposes.
The constitutional authority for what they did is there.
However, simply not being unconstitutional isn't exactly a compelling argument either.
The real question is does our government have a valid reason to require us to provide identification, and does this identification meet those needs, but not infringe on our rights more than is necessary?
I think our federal government does have a valid need to demand proof of legal status to enforce our immigration laws, though I do firmly believe that we need to limit when and under what circumstances the can demand that we provide such identification.
If they have probable cause to believe the person just snuck across the border, they need to be able to demand identification.
I will agree with you that there are a lot of government programs and services for which I see no authority in the constitution. However, if our courts are going to allow those programs to exist, the government needs to be able to verify that those taking part in them or receiving benefits from them are eligible.
The states also have various reasons to require identification and the constitutional authority of the states is considerably more broad.
The states don't necessarily need to know if people are in the country legally for the purposes of their state Ids, but it would seem like a good idea to not be granting drivers licenses to people who are here illegally. Since the States handle voting and citizenship is required to vote for federal office, there is also a genuine need for the states to know if people are here legally and are citizens (though some in the government prefer to let hinder enforcing such laws).
We have a valid need for Ids, and if we have such a need it is ingenuine to argue that they should not be tamper proof and have solid procedures for attaining such an Id.
I can understand arguments about what information should be stored on such an Id and who that information should be shared with, but most of the people complaining about Real Id on those grounds either don't know what they are talking about, or are arguing about how it might possibly be expanded in the future rather that what Real Id actually requires.
Give me a reason why Real Id should not be implemented based on what it actually does and how it is actually being used, and I'll listen. However I'm tire of hearing people object to it based on hype and B.S.
No, I simply don't agree with the leftist FDR interpretation of the commerce clause. For that matter, neither did the founders; nor do some of the more sane members of the current US Supreme Court.
The Framers wrote that in 1787. No amendment is necessary.
Nonsense. When more rational minds prevailed, it was commonly acknowledged that even something as minor as prohibiting the sale of alcohol (something that most definitely moves in "interstate commerce") required a Constitutional amendment.
Actually, I like the original document
Only your left-wing misinterpretation of it. The authors of the Constitution were quite clear in their writings that your pet programs like "Social Security" weren't authorized.
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