States rebel against Real ID Act

Lawbean.com ^ | 6/11/2007 | staff

[George W. Bush]

Four states have passed laws that reject federal rules regarding a national identification system. This casts serious doubt on the future of the 2005 Real ID Act that goes into effect in December 2009. New Hampshire and Oklahoma joined Montana and Washington state in the passage of statutes that refute guidelines set forth in the Act. However, these actions could eventually lead to drivers licenses issued in these states to not be accepted as official identification when boarding airplanes or accessing federal buildings. In addition to these four states, members of the Idaho legislature intentionally left out money in the budget to comply with the Act.

The Real ID Act raises serious privacy concerns, but there is disagreement about whether the Act will actually institute a national identification card system or not. The new law only sets forth national standards, but leaves the issuance of cards and the maintenance of databases in state hands. Some claim that this does not constitute a true national ID system, and may even forestall the arrival of national ID. Yet others argue that this is a trivial distinction, and that the new cards are in fact national ID cards, thanks to the uniform national standards created by the AAMVA and the linking of state databases.

The actions by these states are increasingly putting pressure on Congress and the Department of Homeland Security to change or repeal the law. The Wisconsin State Journal has an incredibly good analysis of the mess. They write:

States have rebelled at the $14 billion in costs the act imposes on states, as well as worries that the new security system will invade residents’ privacy and create what amounts to a national ID card.

On Capitol Hill, two bills would repeal the law, one co-sponsored by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt. However, an amendment to the immigration bill now being debated in the U.S. Senate would ratchet up the consequences for states that fail to comply with Real ID. The Senate’s proposed immigration law would require job applicants to verify their citizenship to employers using a driver’s license that meets Real ID standards or with a passport.

Be sure to check out FAQ: How Real ID will affect you.

[George W. Bush]

Resistance to RealID continues to grow.

[AntiFed]

I just love when states reject illegal federal laws. Makes me feel all warm and fuzzy.

[Dilbert San Diego]

So what’s going to happen? If more states rebel against Real ID, will residents of those states have to get passports and use that as an approved federal ID? And if that happens, aren’t we then going to have a national ID in the form of needing passports for domestic travel and entering federal buildings?

[Old Student]

“So what’s going to happen? If more states rebel against Real ID, will residents of those states have to get passports and use that as an approved federal ID? And if that happens, aren’t we then going to have a national ID in the form of needing passports for domestic travel and entering federal buildings?”

Where do you see us needing a passport for domestic travel? As for federal buildings, why sweat it? I’ve needed to go to a federal building rather rarely, and I’ve got a military ID if I ever again NEED to do so. We just need to draft everyone, and solve the problem.

[George W. Bush]

And if that happens, aren’t we then going to have a national ID in the form of needing passports for domestic travel and entering federal buildings?

"Your papers, please."

[Orange1998]

It makes me sick to see Citizens of the Great Country required to provide more information than illegal immigrants. The Real ID will have RFID so the government will know your whereabouts at all times. This will become mandatory as early as May 2008. The illegals have it make in Amer`ka.

[SUSSA]

Resistance to RealID continues to grow.

It's about time!

[TChris]

Why the resistance? Isn’t RealID a Good Thing?

[Orange1998]

Depend who your talking too. The government loves it and the average Joe doesn’t. You be the judge.

[George W. Bush]

No, it's a Bad Thing. Honestly, some people would, if told by Bush that there was a Muslim under their beds, demand that he implement a full Soviet-era police state and abolish the Constitution entirely.

Notice in the article how it is cemented into place with the Senate's immigration bill. It won't just be the illegals and the guest workers who will be forced to carry these.

After this, they'll want to chip you, probably subcutaneous RFID.

[Centurion2000]

I just love when states reject illegal federal laws.

Now they just need to threaten to jail the BATF people on sight for interference in state laws.

[philman_36]

Why the resistance? Isn’t RealID a Good Thing?
Well, what do you know about it? Or rather, what have you heard about it?

[TChris]

No, it's a Bad Thing. Honestly, some people would, if told by Bush that there was a Muslim under their beds, demand that he implement a full Soviet-era police state and abolish the Constitution entirely.

I'm thinking from the illegal alien angle, and how easily they obtain forged documentation, and some states issue them driver's licenses, and those items can allow them to VOTE...

I don't know the particulars of RealID, but I think there are some genuine ID issues to consider.

I love the idea of every American being free to come and go and exercise their rights without such an intrusion. But how do we tell who is really a citizen when it comes time to vote? I think the right to vote becomes very diluted if there's no control over who can vote.

[philman_36]

Isn’t RealID a Good Thing?
LOL...Exclusive: Federal REAL ID Act Does Not Create National Identity
Card: That’s a Good Thing

[taxcontrol]

Nothing illegal about it. The federal government has the right to say what forms of ID that is acceptable to the federal government.

[philman_36]

Spotlight on Surveillance
March 2007:
Federal REAL ID Proposal Threatens Privacy and Security
When it created the Department of Homeland Security, Congress made clear in the enabling legislation that the agency could not create a national ID system.[48] In September 2004, then-Department of Homeland Security Secretary Tom Ridge reiterated, “[t]he legislation that created the Department of Homeland Security was very specific on the question of a national ID card. They said there will be no national ID card.”[49] The REAL ID Act creates a de facto national ID card.
The requirement for non-REAL ID driver’s license or ID card to have explicit “invalid for federal purposes” designations turns this “voluntary” card into a mandatory national ID card. Anyone with a different license or ID card would be instantly suspicious. It will be easy for insurance companies, credit card companies, even video stores, to demand a REAL ID driver’s license or ID card in order to receive services. Significant delay, complication and possibly harassment or discrimination would fall upon those without a REAL ID card.

I suggest you read that article. It covers a lot of info.

[Dilbert San Diego]

Up until now, the feds have accepted the state issued IDs as sufficient.

I’ve heard rumor about this, that states might issue 2 types of IDs. They would issue ones that meet the fed requirements and then another that would meet the lesser state requirements.

[philman_36]

The federal government has the right to say what forms of ID that is acceptable to the federal government.
Apparently the federal government thinks it has the right to say what form of ID is acceptable period.

[radioman]

Why the resistance? Isn’t RealID a Good Thing?

All laws have two uses. One for which the law was intended and one for which it was not. What will be the unintended consequence of Real ID?
.

[AntiFed]

“federal government has the right to say what forms of ID that is acceptable to the federal government”

Lemme guess. General welfare clause? lol