REAL ID: Rise of the Resistance
21. Mar, 2007 
27 Comments
State resistance to REAL ID is growing. The Associated Press reports from New Hampshire:
The New Hampshire Legislature took a baby step Tuesday toward rejecting what they say amounts to the creation of a national ID card.
The House Transportation Committee voted unanimously to recommend barring the state from complying with the federal REAL ID Act, which sets standards for driver’s licenses. The full House next considers the bill.
REAL ID, Passed in 2005 and due to take effect in 2008-9, turns your driver’s license into a de-facto national ID card. This is yet another step towards a totalitarian police state in America.
The Act mandates that all driver’s licenses carry the same information, no matter what state issues them. The states must also “provide electronic access to all other States to information contained in the motor vehicle database of the State.” In other words, your information will be in a national database that puts everything at the Feds’ fingertips.
Additionally, the Department of Homeland Security is given the power to require “biometric” information on these licenses/ID’s in the future. This means that what appears to be a harmless-looking driver’s license could eventually contain a retina scan, fingerprints, DNA information, or radio frequency technology. We don’t know just what right now because REAL ID keeps this power open-ended. DHS will tell us…someday.
All this is supposed to help us fight terrorism, somehow, because the nineteen 9-11 hijackers had driver’s licenses. In order to be “safe” you’ll soon be required to have the proper “papers.”
Any refusal to comply by the States will mean that their residents will lose the ability to get on a plane, receive social security, and potentially, to get a bank account or a job. So, the feds are doing little more than blackmailing them into compliance and submission.
Wait a minute! That doesn’t sound legal, does it? First, a little constitutional background.
The US Constitution was written under what’s referred to as “positive grant.” This means that the Federal Government can only exercise powers that are specifically given to it by the Constitution – nothing more. This is where the Tenth Amendment comes into play – reaffirming positive grant:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Pretty simple, right? Right. If a power isn’t delegated to the U.S. government by the Constitution, then that power belongs to the States or the People. It seems that the only people who could possibly confuse this one sentence are politicians, lawyers, and federal judges.
It’s worth repeating. If a power isn’t specifically listed in the Constitution, the feds can’t do it. Period.
As New Hampshire representative Sherman Packard (R-Londonderry) said:
“We have to uphold the constitution,” he said. “We will not be blackmailed by the federal government.”
Sherman, you’ve hit the nail on the head! Obviously he’s read the Constitution. There’s not a single thing mentioned about ID’s, or licenses, or driving, or funding the states, or anything of the like. What does that mean? You’ve got it – it’s unconstitutional (against the law!) for the federal government to get involved in these things.
But, you might say, the Constitution is outdated! There were no driver’s licenses when the constitution was written – there were no cars! Right. There were no such things. But that doesn’t mean the law is “outdated” or bad.
In fact, the idea of strictly limiting the federal government is as good of an idea today as it was two centuries ago. Why? All you need to do is pay attention to what’s going on in our country right now. If you don’t keep the government in check, as many of the founders warned, governments will always grow and grow into a despotic beast.
Today, the government is larger than ever. Has that correlated with a better adherence to the law? Not at all.
Size of government notwithstanding, REAL ID is still unconstitutional. It doesn’t matter if the politicians think that it’s absolutely necessary. It doesn’t matter if they think the Constitution is outdated. None of it matters. The Law is the Law. The only legal way to approach this is through a Constitutional Amendment, and not by ignoring or violating the Constitution.
If the politicians were so confident that this program was necessary, and that We the People would approve of it, they would have presented it as a constitutional amendment. Instead, debate was light, and the bill was added to another, which passed 100-0 in the Senate.
It seems that abiding by the Constitution is pretty rare. Instead, addendums, riders, and backroom deals are the way of politics in Washington.
Think about that. Do you want to live in a society where the government has to follow the rules, or do you want to live in a society where politicians follow only the laws that they like?
Federal standards for identification are not authorized by the Constitution. It doesn’t matter whether they’re enforced through “laws” or economic “incentives” to the States. The politicians, by trying to force this on us without amending the Constitution to allow it, are showing utter contempt for states’ rights and the principles of the Tenth Amendment.
Bottom line: REAL ID violates the Constitution.
Legislators in New Hampshire (and elsewhere) should be applauded for their courageous opposition to this unconstitutional nightmare.
Long live the resistance!
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We should create a D.C.S.(Department of Constitutional Security) to keep the D.H.S. in check.
Why this Conservative Tennessean Opposes REAL ID:
1. REAL ID is a de facto national identification card. At least Lamar Alexander, in recent, comments was honest enough to admit this. Has America sacrificed so much for freedom only to create a “papers please” society?
2. REAL ID does an end-run around the 4h Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
It is unreasonable to give the central government the power (potential) to track individuals in real-time. If the government needs to search the lives of a citizen, let it get a search warrant. We should not have to be monitered. Is not this the essence of freedom? REAL ID, and its future additions, will make life subject to the good-will of the government in a software maze of “red light, green light.” This is not freedom.
3. REAL ID reduces God-given rights of the individual to a string of digits, subject to the good-will of software and/or bureaucrats. It makes Americans get “permission” to live and move in the basic functions of society: banking and travel. The permission we need to do this (and more) is God-given. We shouldn’t have to ask permission to be functioning citizens within our own country.
4. REAL ID may require biometrics at the state level or at the federal level. Why should Americans be “booked” like criminals even if they’ve committed no crime?
5. REAL ID compiles much personal information into one place. With the ease of internet access, this information is vulnerable to anyone on the globe with the ability hack.
6. REAL ID is a move towards the centalization of more power. In an age of terror, the country should operate on a philosophy of de-centralizing as much of our lives as possible–so that if an attack handicaps one part of the country, the rest of the country can still function.
7. The burden of proof lies on promoters of REAL ID. Show us exactly HOW this significantly new and immense power to the government is NOT a threat to freedom. FREEDOMS ARE LOST IN THEORY/PHILOSOPHY LONG BEFORE THEY’RE LOST IN PRACTICE. Conservatives are threatening freedom and promoting “big government” with the REAL ID Act.
8. We should be moving away from an identification society. This kind of atmosphere promotes suspicion and fear. Are Americans innocent until proven guilty or are we suspicious until properly identified?
9. Programs like REAL ID never remain static. The private sector will seek to use this identification system as well. One bad application will lead to others. How can we remain an “open” society with this kind of philosophy?
10. Some folks say we already have a national id–Social Security. But if REAL ID is only a lateral move, why are we doing it? We are doing it because it is indeed an increase in the government’s ability to track its citizens. If we’re on the wrong road, the soonest way to progress is to turn around.
We don’t have to do anything stupid. Just because we “can” doesn’t mean we “should.”
Tennessee Should Just Say NO to REAL ID.
I am in agreement with your position on national id cards. The whole Congress is in violation of the Constitution because they voted after 9-11 to give unprecedented authority to the Executive branch to conduct this “illegal” war in Iraq. They gave up their power to “declare war” by giving it to the President who has pushed way beyond the powers granted him in the Constitution (violating the 4th Amendment, the 6th Amendment, in your article, the 10th Amendment, and Article 2, sec.8 concerning Executive powers) by having us live under the USA Patriot Act.
ID cards are just a continuing evolution of this grab for totalitarian power in this country.
What we need are “patriots” who will stand up to the President and his cohort and impeach the lot of them.
Real ID will create another governmental beauracracy, let’s call it FBNI (Federal Bureau of National Identity) if you will.
Thousands of employees, huge sums of taxpayer money spent for new government employees, for what? Just to allow governement to build/maintain an immense database that exists solely for the purpose of keeping tabs on legitimate U.S. citizens. Ultimately, there will probably be a branch office of the FBNI department in every state– more money required, more employees.
There’s too many negatives to the Real ID act. Such as data errors. Try getting those sorted out as you attempt to board a flight, and having to forfeit pre-paid airline tickets, hotel reservations, etc.
When must one be legally required to obtain “Real ID”. At birth? Eventually Yes!
Think not? Look at how the SSAN has been abused. A Social Security number was originally required only when a citizen became old enough to legally work and be paid wages. The IRS now requires an SSAN be obtained at birth if one is to claim the newborn as a dependent. You can not open a bank account without an SSAN and a positive ID, of some sort, usually a drivers license.
There’s too many areas for abuse of the national ID. For example, at some future time, miss a credit card payment and your national ID could possibly be “flagged”.
Think not? There was a time when credit bureaus did not exist. They now exist and use your SSAN as part of their database. The SSAN was to be only used for reporting wages to the IRS and untimately to collect benefits. Now it’s a part of your medical history, driving record, insurance records, not to mention other uses for which never intended.
The “citizens” will be the last, if ever, to know exactly what info is contained in their individual government databases current in use and if allowed by the Real ID act. Use of the term “in the interest of national security” is a favorite and legal method the goverment uses to obtain information from citizens and also to deny providing that information to citizens.
Any document or form of ID can be forged, and will be. Regardless of who says otherwise. It already happens with currency, passports, drivers licenses, birth certificates. You identity can be stolen or used without your permission.
The Real ID database will contain, religious preference, political preference, financial worth, gun owner, radical thinker, social status, etc., just to name a few of many many possible invasions of privacy. In short, the database will contain every possible tidbit of information the government can obtain by use of information you voluntarily provide plus collected from all the other databases that exist, both private and government databases. Ssuch as Credit bureaus, Social Security, IRS, medical records, driving history, law violations, criminal records, even traffic tickets—marriages, divorces, deaths, info on your relatives, neighbors, friends—a massive amount of information.
All this information is subject to being accessed and used by any branch of the government, illegally or otherwise. Government does not always follow it’s own laws. Neither does government protect the information, as they promise.
The Federal Government already has too much control over U.S. citizens, their privacy and individual freedom. Do they really need this to protect us. NO!
Even a written promise from government is not a sure thing. They can simply invalidate it by changing the rules or laws. Think not? It happens. A favorite way to invalidate is to say the individual government employee lacked the authority to make the written promise.
The Real ID act will actually allow the government to selectively, or collectively, blacklist and track individuals. Without their knowledge! Irritate the government and you will be “flagged” as a trouble maker, by a simple database update. Problem is, you won’t know you are flagged until you are denied boarding for an airline flight, or perhaps try to open a new bank account. The “flagging” can be due to database error, corrupted databases, human error. IF you do not exist in the database, due to a loss of data, or if you lose your “Real ID” card, you will not exist in real life for the numerous transactions that might require producing the ID.
Resolving ID problems will require much time, effort, and inconveniece of and to individuals.
The Real ID act reminds me too much of communism, the Iron Curtain, Nazi Germany as it existed in WWII. “Papers please? No papers? You are under arrest.”
Me? I prefer freedom over security-especially when dependent upon the Federal Government to provide security at the cost of individual freedoms. Once given up an individual freedom can not easily be recovered.
The government is supposed to be “of the people, by the people, for the people.”
Governement is now approaching “of the people” by the government, for the government.
A drivers license is simply a State permit to legally operate a vehicle on public roads, nothing else. And should be only that. When the Federal government gets into the drivers licensing business it is taking away the right of a State to establish drivers license standards for the individual States.
Political promises and assurances mean nothing! Even more so when one realizes you can not punish, or even sue, the Federal government, or a government employee without government permission!
The first steps toward a totalitarian government is to begin taking away individual citizens rights and freedoms, little by little, while promising good things will happen if those rights are taken.
The Federal government has no rights, whatsoever, except those expressly allowed by the Constitution of the United States, not implied–EXPRESSLY allowed. If not expressly allowed then the government right does not exist.
Amendments to the Constitution to benefit government should never be allowed, only to benefit the people. And those amendments should be approved by the people, by vote, not by lawmakers or politicians.
Lastly, what about those individuals who do not have, or need, a drivers license? Older citizens, children, the blind and physically impaired?
By use of my previous military service history and records, the Federal government already has my birth date and place, blood type, possibly DNA, my religious preference, eye and hair color, a retirement photo, a full 10 finger set of fingerprints, the results of no less than six FBI background security checks, for security clearances, plus every place I was based and lived during my service and my educational and technical skills background.
Yes, that info is somewhere in the numerous government databases, the FBI database, the CIA database, including the NSA, and NCIC and Social Security Administration and now, probably, in the Homeland Security databases. And I would presume the IRS also has some, if not all, of my “database history”
If you feel secure with the privacy of your credit report, DON’T!!! The Federal government can easily access that, as can many other firms or agencies. All they need is an SSAN. Your permission for access can easily be forged or ignored. The excuse “national security” can always be used as an excuse to violate privacy rights.
Happens every day!!!
Wake up America, take charge—before our hands are tied to the point we have no means to protest without reprisal by use of the Real ID act as a weapon. Think about government blacklisting of individual “Real ID” cards as the weapon.
“Of the people, by the people, for the people”. We should never forget this very important phrase or allow it to be infringed upon.
Elected representatives act and react to public opinion, voter comments, lobbyists, media information, etc. Sometimes they act on their own bias and supposedly common sense. Sadly, in a few cases, personal financial motivation.
Write, or call, you elected representatives at State and Federal level. Do not allow them to presume you are in favor of anything that diminishes states rights or citizen freedoms and rights. Our representatives are supposed to work for us, the citizens. We pay their salaries. They are, in essence, our employees.
Bravo for the State of Maine!!!!
Now, let’s get the other 49 states and one district (DC) to follow Maine’s example.
Say NO to REAL ID! And MEAN it!!
If you are supportive of the REAL ID act that is your prerogative.
The foregoing comments and opinions are mine alone. So are the typos and other grammatical errors. Thus far, I don’t need anyone’s opinion or approval with regard to those. Neither do YOU, not yet anyway.
I come to the conclusion that this is a way to ensure that there becomes a separation between the undesirable and the elite, the undesirable being the poor. Unfortunately, with the mortgage/forclosure bang, the gas, the war, the lack of jobs, vets being treated in the equivalent of a crack house…..I’d say this is a 20-50 year plan to separate those with old money from those that will have none.
a.they take DNA from all convicted persons or they cannot be released (shop lifting to murder)
just a matter of time before ghettos are bought back with names that would hint that they somehow protected us from harm.
hmmm, the book ‘1984′ or Gataca weren’t that far fetched I guess
art imitating life to come
sad
This is good! Most people do not have any idea of what the Constitution says, much less means. I think of the men at the Constitutional Convention almost as gods, considering what they accomplished.
Our Second Amendment is in somewhat a similar situation as this one. It has nothing to do with hunting or self-defense. It was put there to allow citizens the means of carrying out the Declaration of Independence’s “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
The confusion comes in the mere wording of the amendment and lack of effort on the part of the reader in studying the background of the matter. The founders kept copious notes detailing the sense of their decisions and are important to all the court cases since. They stated that the militia was each individual American, not some organization (such as the National Guard). Some idiot wrote the LA Times that guns are regulated by the 2nd Amendment, little reasoning that it mentioned militia, not guns. Anyway, this is why the amendment has stood all this time. It applies to all of them, of course, and we need to keep the government honest, especially now that they seem bent upon doing away with all our rights. If anyone wants to give up their rights, then it is up to them but they cannot have mine! Our government has never shown otherwise but that they would be happy merely to rule a bunch of submissive sheep.
Think about it: this country is the richest plum on the planet and I am sure there are those out there plotting to take it if the opportunity presents itself; no doubt some of them are Americans. By some of their actions, the last two administrations come to mind.
Back to the 10th Amendment, I have had a thought for years now. For example, the FAA wants a photo ID on our pilot licenses. I am opposed to it mainly because it is a license. If they don’t trust me, then why issue me a license? Think about all the lawyers in congress and what they have hanging over their desks back in their offices: licenses to practice law. Same with doctors (Right, Bill Frist?). Not one has a photo ID to prove they are allowed to practice, yet they are the ones who do not trust the rest of us. I learned many years ago that if someone does not trust, it is probably because they are untrustworthy themselves, but this is just a personal observation, you understand. It seems to hold, however. I may be wrong, but the doctors and lawyers are in positions to do much greater harm than the average citizen could even think of doing.
Do not trust a government that does not trust you, especially an untrustworthy one.
That is enough for now. Good on ya, mates!
I neglected to mention previously that the 2nd Amendment says nothing about guns, but about arms, and they were not talking about those things hanging from your shoulders!
Hopefully, if this is indeed implemented, there will be ways to defeat it, or to make it useless.
NO WAY AM I GONNA SUBMIT TO THE EVIL OF THESE TIMES , WHO IS THE TERRORIST ? I FEEL LIKE I WANT TO LEAVE THIS COUNTRY TO KEEP FROM BEING TAGGED LIKE LIVESTOCK . BUT WHERE CAN YOU GO TO THESE DAYS TO BE FREE !! THEY MAKE SO MANY LAWS THEY FIGURE EVERYONE IS DOING SOMETHING THEY SHOULD’NT . LIKE COPYING A DVD OR A SONG TO YOUR PC . EVERYONE IS SUSPECT !!! BEWARE
I am not that political myself but I will say that I oppose the REAL ID Act and everything it represents. A comic book/movie said it best in my opinion, “People should not be afraid of their governments, governments should be afraid of their people.”
If you think that REAL id is just an idea of the right wingers or conservatives, think again. This idea may have come around during the reign of Bush, but don’t think for a second that if any of the lefties get in there, they won’t try for this just as hard, possibbly push harder. The liberals will spin this as good for us, and some of the loonies in the country will go for it. Stupidity knows no party.
States do not have to abide by this “ACT” but if they dont, then citizens of that particular state will not be allowd to enter “federal regulated buildings” which includes the obvious, airports, federal buildings and such. So you do not HAVE to get the REAL ID but you will not be allowd to do some things. The REAL ID aka. USID, will also employ RFID right away upon its release per the DHS USID documentation. The Bible states that in the end times we will have to accept the “MARK” of the beast. It states we will not be able to buy food, and such unless you take of the mark. This is the beginning of the end. Everyone should start looking into reverse engineering of RFID.
To play the devil’s advocate, couldn’t they hide under the auspices of REAL ID being provided for the “common defence”.
NAZI FASCIST TOTALITARIAN CRIMINAL government.
once there are more terrorist attacks, people will be wanting the REAL ID. Sad world.
“Instead, debate was light, and the bill was added to another, which passed 100-0 in the Senate.”
That is true, but misleading b/c it’s lacking context. Real ID only passed by such a overwhelming margin b/c it was slipped in to a military support/spending bill by a Republican controlled congress. No Dems then could vote against it without fear of “not supporting the troops” accustations which probably would have worked come election time.
thank you for this article.
It’s Londonderry. Berry is funnier, though.
For more information about a grassroots activism campaign opposing Real ID, please check out the Stop Real ID Now blog. Thanks!
jon
I think pretty much whatever is done in this area will end up a disaster. I think this is just one of those areas where we will have to try something almost knowing that it will take 2-3 times to get it right.
Besides encroaching upon states’ rights guaranteed under the 10th amendment, has anyone also considered that the principles of REAL ID may violate the “full faith & credit” provision of the U.S. constition?
Article IV, Section 1: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”
The basic principle of federalism is that the federal government is nothing more than the recipient of limited and constitutionally delegated state authority, and therefore it is truly nothing more than an extension to the various state governments. For certain official state documents to be repugnant to the federal government is an oxymoron. In this same regard, in fact, one could argue even the Defense of Marriage act is also in danger on the same grounds.
If everyone in this country were to voice their strong opposition to all of these Federal mandates, then “they” wouldn’t be able to just take away our rights like this! I live in California, and am a Christian longshoreman. I am being required to take a Biometric RFID Microchip (through TWIC) in order to keep my career! I will be required to take a Biometric RFID Microchip through REALID in order to board planes and enter Federal Buildings! Later, they are talking about putting RFID chips in Social Security Cards! Then I won’t be able to get any job or open a bank account for sure without taking a Biometric RFID Microchip! Here is the catch-22 (there are actually a couple)! I CANNOT take a Biometric RFID Microchip because they are against my Christian religion! These Biometric RFID Microchips are the Mark, Name and Number of the Beast! You can do all of your buying and selling with one, and when you do; you either use your right hand marks (Biometric Fingerprints) or forehead marks (retian/iris scans or face recognition) and/ or your microchip itself and/or your EPC (or Electronic Product code) Number that comes with each and every RFID microchip and makes you a WORLDWIDE UNIQUE number (NUMBER OF THE BEAST!) So if REALID violates my Constitutional Rights (like 1st Amendment because it is against my religion; not to mention 4th, 9th, 10th, etc..) BUT I can’t enter Federal Buildings (like the US Supreme Court) HOW THE HELL AM I SUPPOSED TO GET MY CONSTITUTIONAL RIGHTS BACK WITHOUT FIRST BEING MICROCHIPPED BY THE FEDS!?!?!?! This mandate and every other mandate is VERY unconstitutional and is against every Christian’s 1st Amendment Rights! EVERY ONE of these programs! TWIC, REALID, WHTI, FAST, NEXUS, SENTRI, CLEAR, Enhanced Driver’s Licenses and the list goes on and on! Don’t believe me about the whole Mark of the Beast or the buying and selling aspect? Look up in your search engine the words “RFID the whole lot of them”! You will find an article that shows the Home Ofiice (Britain’s equivalent to US DHS) readily admits that Britain’s (RFID Chipped) National ID not only CAN, BUT IS INTENDED to do all of a Brit’s Banking, retail and internet purchases! With their National ID! Mark of the Beast! (Also, Britain’s national ID Microchips each and every British citizen and resident in one, simple [SATANIC] program!)WAKE UP AMERICA! TELL EVERYONE YOU KNOW! GET THE CHURCHES INVOLVED! PEOPLE ARE BEING DECEIVED! READ THAT ARTICLE!