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More States Rebel Against Real ID Act 295

Spamicles writes with a link to a Lawbean post about more rebellion against the Real ID act. New Hampshire and Oklahoma have joined Montana and Washington state in passing statutes refuting the ID act's guidelines. "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."
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More States Rebel Against Real ID Act

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  • Airlines (Score:2, Informative)

    by ktappe ( 747125 ) on Tuesday June 12, 2007 @11:12AM (#19477975)

    these actions could eventually lead to drivers licenses issued in these states to not be accepted as official identification when boarding airplanes
    Which the airline industry, because it usually gets what it wants, will probably keep from happening.
  • Re:Big deal. (Score:3, Informative)

    by thebdj ( 768618 ) on Tuesday June 12, 2007 @11:35AM (#19478259) Journal

    Passports are the same throughout the states
    Yes, because those are issued by who? The correct answer is: The Federal Government. States are not footing that bill, nor have they ever footed that bill.

    license plates are the same
    *BUZZ* Oh, sorry that answer is incorrect. Some states list counties on their plates, others require two plates, while some only one. Some states have specialty plates that others do not. The way the tags and registration are charged is different by state or municipality. About the only way they are similar is in the fact that the identify a state and have numbers (or letters or both) on them.

    social security numbers are the same
    Please see my statements on the passport discussion above. You cannot compare federally issued identifications (which have their own myriad of uses) to the driver's license.

    What's the big deal? Who is it hurting? Basically immigrants and those who don't want to be followed by "the man".
    This is a violation of civil liberties? It violates the 10th amendment, for which we already fought one civil war. (Trust me, the American Civil War was about more then just slaves.) It hurts all Americans. It has nothing to do with being monitored, but everything to do with privacy over security. It happens the two are really mutually exclusive and you cannot achieve both at the same time. I think you will find that we are creeping up to the line where people are not willing to cross.

    Also, this is a lot more about money. States do not want to foot the bill for a government project. If the feds really wanted "National ID cards", then they should setup the infrastructure and absorb the costs to do it; unfortunately, they do not know how and it would be a disaster, just look at the time it takes to get a passport.
  • Re:Big deal. (Score:4, Informative)

    by N3WBI3 ( 595976 ) on Tuesday June 12, 2007 @11:44AM (#19478371) Homepage
    Passports aren't issued by the states... was one of my points. They're universal.

    Because they are intended for use with foreign entities. Passports are not a required form of ID to have in the US, only if you wish to travel outside the US.

    License plates across the states are the same, and DON'T carry a different format such as european plates.

    Again, no they are not!

    (http://en.wikipedia.org/wiki/Diplomatic_license _plates_in_the_United_States) "For example, the small states Delaware and Rhode Island are able to use formats of 123456 and 123-456, respectively, while California uses the seven-character format 1ABC234, and several other populous states use the seven-character ABC-1234 format." and "In some states, information such as county of registration or month of expiration is incorporated into the number. The last number on a Massachusetts license plates indicates the month the bearer's registration expires (1234 AB would expire in April, the fourth month; zero is used for October expirations"

    As far as illegal immigrants go, they can still get ID's locally and not be tracked throughout the nation, only locally if THAT. They can also board planes after that point.

    Right because our real problem with illegal immigrants is that they fly!

    Pick apart everything I say because of your beliefs on fighting the man.

    Has nothing to do with an innate distrust of authority but thanks for bringing your straw man to the chat, he might make for better conversation than you are.

    Having a unified set of ID's, just like the military, is not a bad idea.

    Never said it was a bad idea I said it was unconstitutional. We dont jsut do things because they are, at the time, a good idea. I also said granting power to those who in the future might abuse it is not a good idea either. That the kind of thinking that lets you elist in the military at 18 but not celebrate it with a drink until you're 21.

  • Re:Big deal. (Score:3, Informative)

    by N3WBI3 ( 595976 ) on Tuesday June 12, 2007 @12:05PM (#19478675) Homepage
    However, regulation of immigration is in the federal governments purview, per Article 1 section 8 paragraph 4. Coupled with Article 1 section 8 paragraph 18,

    Yes that would be why states don't issue green cards. How does that contradict what I said?

    "Congress has the right to establish laws concerning national standards for ID cards as it would be a means of identifying citizens, immigrants, and aliens, both legal and illegal, which falls under laws concerning naturalizations (USCONS Art1 Sec 8 Para 4)."

    Identify Citizens (Passport), Immigrants (Green Cards), and this license scheme is aimed at citizens not aliens.

    Perhaps you should learn the Constitution before trying to interpret it.

    Perhaps you should RTA and my opinion before trying to garner what I think about national ID. We have one and its called a passport what section 8 does not say is that the id can be compulsory that is for the courts to decide and it certainly has nothing to do with making states format their ID to match the federal standards.

  • by dazedNconfuzed ( 154242 ) on Tuesday June 12, 2007 @12:35PM (#19479085)
    we already have a federal ID. It's called a passport. ...and nobody is required to have one unless they are entering the country (even then, there are alternate options), and nobody is expected to carry it everywhere and produce it on demand.

    By the Constitution, nobody is required to produce ANY paperwork (IDs included) for the feds unless a judge specifically says a specific person has to under specific conditions. "Real ID" grossly violates the Constitution.
  • by Dausha ( 546002 ) on Tuesday June 12, 2007 @12:48PM (#19479273) Homepage
    "Unfunded mandates"

    Unfunded mandates is the natural effect of Congress' abuse of its Spending Power. Once upon a time, Congress' power to spend was limited to spending necessary to fund its other enumerated powers. Somewhere in time (1930s?), Congress began to expand its realm and the Courts acquiessed.

    Now, it is generally believed that Congress can legislate anything provided it allocates funding first (barring some Amendment violation). So, for a while Congress started funding all sorts of crazy things so it could enact laws beyond its enumerated reach. Eventually, Congress' ability to legislate overreached its ability to fund. Thus, Unfunded Mandates.

    What is needed is a concerted challenge in SCOTUS to return Congress to its legitimate role of legislating within its enumerated powers, and spending within those powers.

    The net effect is lower federal taxes.

    State legislatures, conversely, have no enumerated power limitations (in the U.S. Const. anyway). So, they can legislate all the social programs, etc. you want. Local officials locally responsible.

    Perhaps Congress could legitimately advocate for certain policies (e.g. Real ID), but it could not use money or the scent of money to enforce it. States have successfully legislated uniform reforms (Uniform Commercial Code, for example); but this is not absolute uniformity. The proper answer is State actions to make things uniform, not Congress imposing beyond its legitimate reach.
  • Re:Good! (Score:3, Informative)

    by bender647 ( 705126 ) on Tuesday June 12, 2007 @12:52PM (#19479353)
    New Hampshire already passes on some Federal funding (bribes), being the only state in the union that has refused to pass a seat belt law at the expense of highway funding.
  • by Anonymous Coward on Tuesday June 12, 2007 @01:25PM (#19479867)
    I went looking for information regarding the Illinois stance.

    WHEREAS, Real ID would provide little security benefit and
    still leave identification systems open to insider fraud,
    counterfeit documentation, and database failures; therefore,
    be it

    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
    NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
    SENATE CONCURRING HEREIN, that the Illinois General Assembly
    supports the government of the United States in its campaign
    against terrorism and affirms the commitment of the United
    States that the campaign not be waged at the expense of
    essential civil rights and liberties of citizens of this
    country that are protected in the United States Constitution
    and the Bill of Rights; and be it further

    RESOLVED, That the members of the Illinois General Assembly
    oppose any portion of the Real ID Act that violates the rights
    and liberties guaranteed under the Illinois Constitution or the
    United States Constitution, including the Bill of Rights; and
    be it further

    RESOLVED, That the Illinois General Assembly urges the
    Illinois Congressional delegation in the United States

    HJ0027 - 6 - LRB095 11206 DRH 31743 r

    Congress to support measures to repeal the Real ID Act of 2005;
    and be it further

    RESOLVED, That a copy of this resolution be delivered to
    President George W. Bush, Attorney General Alberto R. Gonzales,
    Governor Rod R. Blagojevich, Senator Richard Durbin, Senator
    Barack Obama, and each of the members of the Illinois
    Congressional delegation.


    Now that is from the very end of this document [ilga.gov]. There appears to be more from this search [ilga.gov], and I am going to try to look through these before I leave for work.

    Note: I had to remove the item line numbers to get past the lameness filter.
  • by Plugh ( 27537 ) on Tuesday June 12, 2007 @01:27PM (#19479903) Homepage
    Well let's see... NH has no sales tax, no income tax, is the only state without a mandatory seat-belt law, is constitutionally prohibited from using eminent domain for private developments, has far less regulation on trades than most other states, just a few weeks ago passed an industrial hemp bill, and a few weeks before that came within 7 votes of passing a medical marijuana bill in the House of Representatives.

    But all that is missing the point; it's not to say that NH is already "free"; if it were, there'd be no point in a Free State Project, now, would there? The point is that the structure of government here is amazing open and accessible, and the culture is already liberty-oriented.

    If you'd like some details about why NH was a good choice as the target state, I suggest you read this PDF [lpnh.org].

  • Re:Oklahoma (Score:2, Informative)

    by ZeoRanger ( 682688 ) on Tuesday June 12, 2007 @02:04PM (#19480399)
    I worked with the Oklahoma Department of Public Safety during the implementation of the new DL's, and helped deploy the new equipment. The 'touch signature' (fingerprint) that is captured is NOT encoded anywhere on the license. As of right now, these images are stored on a central server, and used ONLY as an additional means of verification when the license (or ID card) is issued / renewed.

    In addition to the fingerprint, the digital photo that is taken is run through facial recognition software - your photo is initially captured by a driver examiner when you take your driving test or apply for an ID, and then again at the Tag Agency where you actually receive your license / ID. The two photos are compared by the software, and the license is issued if there is a high match percentage (I don't know the actual number).

    (As an aside, this has virtually eliminated 'valid' fake ID's being issued, in the case of one person going and applying for an ID or DL, testing for it and being approved, and then giving someone else the verification document to take to a tag agent.)

    The state used to require two forms of ID to replace or renew a DL / ID; with this new system, your fingerprint and your photo fulfill that requirement and verify your identity without requiring any additional documentation.

    The barcodes on the license only contain the information that is actually on the front of the license - There is a standard barcode that contains the DL number and Date of Birth (if I recall correctly), as well as a '2d' barcode containing all the information (address, organ donor, etc).
  • by Anonymous Coward on Tuesday June 12, 2007 @07:17PM (#19484305)
    I tried that last summer, and failed. I calmly refused to provide ID, and volunteered for any sort of extra searching they wanted to do (as per Gilmore v Gonzales). I was told I could not pass without showing ID, no exceptions.

    I spent 3 or 4 minutes trying to get them to search me instead of providing ID. How long does it take? Is there a magic word I need to know? Do I need some special pixie dust? Jedi mind tricks?

    Really, I used to like flying. But I refuse to do so under the new "security" regulations. I used to like the train, too, but apparently they're similar these days. If I knew a way to get the TSA to follow the law, I might fly again.

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