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Old 03-24-08, 09:10 AM   #21
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Re: Mark Sanford Opposes the Real ID

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Originally Posted by danarhea View Post
With the Federal government hell bent on making America a police state, who is to stand up to them? How about a red state Governor? Mark Sanford, the Governor of South Carolina, plans to sue the Federal government for forcing states to comply with an unconstitutional law.

Give 'em hell, Mark.

Article is here.
Everyone should oppose the Real ID Act. Just another power grab by the federal government.
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Old 03-24-08, 09:15 AM   #22
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Re: Mark Sanford Opposes the Real ID

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Originally Posted by RightinNYC View Post
Two questions:

1) Can someone point out exactly what provisions of Real ID are unconstitutional?

2) Can someone explain exactly what activities you will be barred from doing without a Real ID that you're not already barred from doing without some other form of ID?
what clause in the Constitution authorizes the federal government to require nationalized IDs with tracking abilities in them?

This is none of the federal government's concern, driver's license are a State issue and that's where it should stay. It surprises me that so many "conservatives" are all about ripping away the power of States and giving it to the Federal government. Growing government size and power doesn't sound to me like the "conservative" way. And they [federal government] has to do it this way because they know they can't out right just pass a required national ID; so they have to back door it. Well the government can piss right the **** off, I'm not paying for this change and I'll do everything I can to make sure that my State opposes this. Power needs to be stripped from the Federal government and given back to the States, not vice versa.
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Old 03-24-08, 09:59 AM   #23
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Re: Mark Sanford Opposes the Real ID

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Originally Posted by Ikari View Post
what clause in the Constitution authorizes the federal government to require nationalized IDs with tracking abilities in them?....
That would be Article I, Section 8. It pretty much gives Congress free rein to do whatever they please.
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Old 03-24-08, 10:03 AM   #24
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Re: Mark Sanford Opposes the Real ID

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Originally Posted by TOJ View Post
That would be Article I, Section 8. It pretty much gives Congress free rein to do whatever they please.
I think I actually heard my brain cells dying as I read that.

"Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

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."

This is a very specific list, where on it is "mandate, maintain, and regulate federal ID with tracking abilities to the people"?
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Old 03-24-08, 10:23 AM   #25
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Re: Mark Sanford Opposes the Real ID

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Originally Posted by new coup for you View Post
people have so many rediculous ideas about RID. All it is is a body of minimum requirements that all states must conform to. They'll continue to be administered by your local governments, not by the Federal government. It's not a national ID. It's not the beginning of an American 1984. It's not going to cause the Rapture.

It's one of the few reasonable anti-terrorism activities the Bush administration has engaged in
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Originally Posted by new coup for you View Post
here's the "massive body of data":

* The person's full legal name.
* The person's date of birth.
* The person's gender.
* The person's driver's license or identification card number.
* A digital photograph of the person.
* The person's address of principle residence.
* The person's signature.
* Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
* A common machine-readable technology, with defined minimum data elements.

* In order to receive any grant or other type of financial assistance available under this legislation, States would be required to participate in the interstate compact known as the "Driver License Agreement." This agreement would provide electronic access by a State to information contained in the motor vehicle databases of all other States.
* The State motor vehicle database would have to contain, at a minimum:
o All data fields printed on drivers' licenses and identification cards issued by the State.
o Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.

House Passes H.R. 418, the REAL ID Act of 2005

Shhh! Don't use facts! Facts are bad. Remember, if this passes, the pizza man is going to know that you take viagra and be afraid you'll bone him. The governmentz will pwn j00! The ACLU told me so! Fear it, FEAAAAAR....!

(wait, aren't some of the opponents of this based on the fear of what could happen the same people that yell at those in favor of the war on terror of using "fear tactics" to "scare people" into agreeing with by talking about something that may or may not actually happen?)
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Old 03-24-08, 10:54 AM   #26
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Re: Mark Sanford Opposes the Real ID

Quote:
Originally Posted by RightinNYC View Post
Two questions:

1) Can someone point out exactly what provisions of Real ID are unconstitutional?

2) Can someone explain exactly what activities you will be barred from doing without a Real ID that you're not already barred from doing without some other form of ID?
That one is a no-brainer. It's the 10th Amendment.
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Old 03-24-08, 11:10 AM   #27
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Re: Mark Sanford Opposes the Real ID

Quote:
Originally Posted by new coup for you View Post
here's the "massive body of data":

* The person's full legal name.
* The person's date of birth.
* The person's gender.
* The person's driver's license or identification card number.
* A digital photograph of the person.
* The person's address of principle residence.
* The person's signature.
* Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
* A common machine-readable technology, with defined minimum data elements.

* In order to receive any grant or other type of financial assistance available under this legislation, States would be required to participate in the interstate compact known as the "Driver License Agreement." This agreement would provide electronic access by a State to information contained in the motor vehicle databases of all other States.
* The State motor vehicle database would have to contain, at a minimum:
o All data fields printed on drivers' licenses and identification cards issued by the State.
o Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.

House Passes H.R. 418, the REAL ID Act of 2005

Oh boy, by the way everybody was talking I thought REAL ID was an implanted chip at the base of your skull that the government could track, via GPS, you to your location at anytime, and could also remotely detonate the chip if you were found to have voted for anybody besides a republican or democrat, refused to pay income taxes, made a donation to the Ron Paul campaign, or were found to be investing in gold futures.

I guess with the facts present, I'm going to have to change my mind.
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Old 03-24-08, 11:25 AM   #28
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Re: Mark Sanford Opposes the Real ID

Quote:
Originally Posted by Ikari View Post
what clause in the Constitution authorizes the federal government to require nationalized IDs with tracking abilities in them?

This is none of the federal government's concern, driver's license are a State issue and that's where it should stay. It surprises me that so many "conservatives" are all about ripping away the power of States and giving it to the Federal government. Growing government size and power doesn't sound to me like the "conservative" way. And they [federal government] has to do it this way because they know they can't out right just pass a required national ID; so they have to back door it. Well the government can piss right the **** off, I'm not paying for this change and I'll do everything I can to make sure that my State opposes this. Power needs to be stripped from the Federal government and given back to the States, not vice versa.
Quote:
Originally Posted by danarhea View Post
That one is a no-brainer. It's the 10th Amendment.
Question for both of you: Do you agree that the federal government could easily circumvent this problem by requiring states to implement the program or lose federal funding for a reasonably related purpose, such as homeland security? They did the exact same thing in regards to making the drinking age 21, and the court didn't find it unconstitutional there.
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Old 03-24-08, 11:30 AM   #29
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Re: Mark Sanford Opposes the Real ID

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Originally Posted by RightinNYC View Post
Question for both of you: Do you agree that the federal government could easily circumvent this problem by requiring states to implement the program or lose federal funding for a reasonably related purpose, such as homeland security? They did the exact same thing in regards to making the drinking age 21, and the court didn't find it unconstitutional there.
Of course I have a problem with federal blackmail. While the courts didn't find anything unconstitutional, it certainly isn't something that should be accepted. I give money to the federal government so it can perform the tasks I want it to do; one of which is interstate upkeep. When I give the government money it is for the purpose of doing the things I told it to do. So I give money and want my interstates kept up. The federal government doesn't then get to withhold that money till I do what it says. I say, fund interstates; they don't get to take my money and then say "oh well...you have to do X before you can get this money back". They don't set the rules, the People do. If I give the government money to do something, then they have to do that thing. There are no strings attached, I give money, they appropriate it to the proper places to accomplish the tasks I told the government to do. Federal blackmail shouldn't be accepted as proper operating procedures for the government.
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Old 03-24-08, 11:46 AM   #30
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Re: Mark Sanford Opposes the Real ID

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Originally Posted by Ikari View Post
Of course I have a problem with federal blackmail. While the courts didn't find anything unconstitutional, it certainly isn't something that should be accepted. I give money to the federal government so it can perform the tasks I want it to do; one of which is interstate upkeep. When I give the government money it is for the purpose of doing the things I told it to do. So I give money and want my interstates kept up. The federal government doesn't then get to withhold that money till I do what it says. I say, fund interstates; they don't get to take my money and then say "oh well...you have to do X before you can get this money back". They don't set the rules, the People do. If I give the government money to do something, then they have to do that thing. There are no strings attached, I give money, they appropriate it to the proper places to accomplish the tasks I told the government to do. Federal blackmail shouldn't be accepted as proper operating procedures for the government.
You give the federal government money so that they can provide for safe and speedy interstate transportation. Reducing drunk driving (the ostensible reason for this rule) is a directly related concern.

Similarly, you give the federal government money so that they can provide safe and secure borders. Creating a national baseline for ID is a directly related concern.
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