The Real ID Act proves the Federal Government is Not the All Powerful Oz By Robert Greenslade - Price of Liberty
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The Real ID Act proves the Federal Government is Not the All Powerful Oz
By Robert Greenslade © Nitwit Press


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April 14, 2008

In 2005, Jim Sensenbrenner, a republican congressman from Wisconsin, introduced legislation in the House of Representatives known as "The Real ID Act of 2005." The legislation was attached to a military spending bill and signed into law by President Bush on May 11, 2005.

According to the Department of Homeland Security, the Real ID "is a nationwide effort intended to prevent terrorism, reduce fraud, and improve the reliability and accuracy of identification documents that State governments issue." (FN-1) Under the Act, States will have until 2013 to reissue all drivers' licenses and make them conform to standards set by the federal government. Individuals will have to renew their licenses in person and show a photo identification. In addition, license holders will have to produce documents that verify their home address, date of birth, and Social Security number. (FN-2)

If a State does not meet the standards set by the federal government, its citizens will not be able to use their license for federal identification purposes. Thus, they will not be able to board an airplane or enter a federal building. This is the only penalty imposed for noncompliance.

With the threat of their citizens not being able to board an airplane or enter a federal building, New Hampshire, Maine, South Carolina, Oklahoma, Washington, and Montana have enacted laws that basically tell the federal government to pound sand because we will never comply with the Real ID requirement. Other States are also contemplating noncompliance.

For those Americans who still have the ability to think and reason, this legislation and the defiance by the States should trigger some questions. If the States and their people were consolidated into one nation and federal government is supreme and above the States, then --

*Why didn't the federal government simply impose a general identification requirement directly on the American people?

*Why is the penalty not general and only restricted to federal identification purposes?

*How can the States refuse to acknowledge or comply with a federal law?

The answer is simple. Contrary to popular belief, the federal government is not the all and powerful Oz it claims to be.

The federal government cannot impose a general identification requirement on the American people because the Constitution does not grant the federal government general legislative authority over the people of the United States. The penalty provision cannot be general because the federal government was not granted general authority throughout the United States. Its jurisdiction is limited to areas where it has been granted the authority to act by the Constitution. The States can refuse to acknowledge or comply with any federal law that does not comport with the Constitution because that document did not consolidate the States into one nation and put them under the control of the federal government. The Constitution established a government for States, for the United States, not a government over States. (FN-3)

The emerging defiance by the States to the Real ID could present the American people with a wonderful opportunity to exercise some civil disobedience to protest the massive usurpations of power being perpetrated by the federal government. If Americans can convince the other 44 States to reject the Real ID, then they cannot enter a federal building. Thus, the people could refuse to comply with all the federal laws that do not comport with the Constitution and not suffer any legal consequences. If a person cannot get into a federal building without a federally approved ID, then they would be stopped at the sidewalk from entering the office of an administrative agency like the IRS. Defendants would be barred from entering the courtroom. Jury boxes would be empty because prospective jurors would not be able to enter the courtroom. Absent a defendant or jury, no civil or criminal case could be adjudicated in a federal court.

The Real ID is nothing but another federal act of intimidation to force the States into implementing standards the federal government does not have the general authority to enact on its own. Since it lacks the constitutional authority to enact the legislation directly, it has to bully the States with threats against their citizens to get its way. Hopefully this time, the States will push back and follow the lead of New Hampshire, Maine, South Carolina, Oklahoma, Washington, and Montana and tell the federal government to take the Real ID and shove it.

FN-1. On their website, the Department of Homeland Security claims the Real ID is not a National ID Card. That may or may not be true but it is, in my opinion, a big step in that direction.

FN-2. Since there is no law that requires an American citizen to have a Social Security number to live or work in the United States, it cannot be a mandatory component of another law if the individual never applied for a Social Security number.

FN-3. The constitutional powers of the federal government are derived from a grant of power by the States-not vice-versa.

Your comments welcome!

Some other, related reading:

The Flawed Second Amendment Debate

The Second Amendment and the Preamble to the Bill of Rights

Another Look at the Wording of the Second Amendment

Would the Repeal of the Second Amendment Empower the Federal Government and Negate the Right to Own a Firearm?

Tell me why the States needed the so-called "Collective Right" Second Amendment?

The Second Amendment is an Individual Right

A Question For The Supreme Court

Now Available! See Editor's review here.

"The Bill of Rights Does Not Grant You Any Constitutional Rights"
By Robert Greenslade and Claude Ellsworth

$10.00-includes shipping and any applicable sales tax.

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Email any questions concerning the book/booklet to Bob at-govtnitwit [at] yahoo.com

Robert Greenslade focuses his writing on issues surrounding the federal government and the Constitution. He believes politicians at the federal level, through ignorance or design, are systematically dismantling the Constitution in an effort to expand their power and consolidate control over the American people. He has dedicated himself to resurrecting the true intent of the Constitution in the hope that the information will contribute, in some small way, to restoring the system of limited government established by the Constitution.

If you are interested in finding out more about the Constitution, take a look at this book. I use it in many of my articles and it is the best book I've found on this subject. Bob

The Federal Government: Its True Nature and Character: Being a Review of Judge Story's Commentaries on the Constitution of the United States.

Reprint of the 1868 edition. ''Perhaps the ablest analysis of the nature and character of the federal government that has ever been published. It has remained unanswered.'' This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published. It has remained unanswered. Indeed, we are not aware that any attempt has been made to challenge the soundness of its reasoning. The great vise of Judge Story and the Federalists consisted in desiring the clothe the federal government with almost monarchical power, whereas the States had carefully and resolutely reserved the great mass of political power for themselves. The powers which they delegated to the federal government were few, and were general in their character. Those which they reserved embraced their original and inalienable sovereignty, which no state imagined it was surrendering when it adopted the constitution. Mr. Madison dwelt with great force upon the fact that ''a delegated is not a surrendered power.'' The states surrendered no powers to the federal government -- they only delegated them. 160 pages.

Please see the bottom of the page for Bob's book offer.

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