The Top Myths as to
Why We Need REAL ID
The following are some points that have been raised by REAL
ID proponents, or those that are not fully educated on the issue.
Myth: It will keep
illegal aliens or terrorists from getting a license.
Fact: Illegal aliens
have always found a way to get a license. In 2009, a ring in South
Florida was arrested that included several driver license
examiners that were bribed to issue licenses to those that were ineligible.
It’s worth noting this case was made via old-fashioned police work without
anyone’s rights being violated. The REAL ID Act does not require people to
submit anything with a photo on it (except a passport used in lieu of a birth
certificate), so if you borrow or steal someone else’s papers, you can obtain a
REAL ID compliant license.
Myth: the REAL ID Act
does not force states to issue licenses or ID cards a certain way.
Fact: While there
is no specific “opt-out” language in the law, Section 202 (d) (11) makes it
clear that if a state does not issue a license or ID in compliance, the license
or ID must state it is not acceptable for federal identification, and must be
of a different design or color than a REAL ID compliant license or ID. What
this means is that states must change the way they issue these documents to
comply with the law, or they must change the way they issue these documents to
mark on the documents they are not compliant and use a different design (this
adds a lot of cost). Either way, the change is forced upon them by the law.
They have to do something either way.
Myth: It’s a federal
law- we have to do it.
Fact: No you (we)
don’t. The states created the federal government, not the other way around. The
U.S. Constitution is very clear on the matter. Congress has enumerated powers
in Article 1 Section 8. Dictating the issuance of state-issued licenses and ID
cards is not one of them. The 10th Amendment is likewise clear in
that the powers not specifically reserved to the federal government are
reserved to the states, or to the people. Just as Florida and several other states sued the
federal government over the health care law, the principle is the same. States
can (and must, to safeguard the
rights of their citizens) nullify unconstitutional federal laws via their
legislatures.
Myth: If we don’t do
it, our “federal”* funds will be cut or withheld.
Fact: This tactic
was tried once in the 110th Congress (the one that gave us REAL ID
at the federal level) as HR 4160 and again in the 111th Congress as
HR 140. Both of these bills proposed to withhold federal funds from the states
that did not comply with the REAL ID Act. Both died in committee- they went
nowhere after being introduced and referred to committee (this happens to
roughly 90% of all bills). In the private sector, if you attempt to influence
someone by threat of financial means, it is usually considered extortion or
bribery and is a crime.
Myth: The papers you
have to turn over to renew your license are all government-issued papers, so
what’s the big deal if they have another copy?
Fact: Firstly,
these government documents are held by various levels of government in separate
databases, i.e. your birth certificate may be at the county health department,
your Social Security card at the Social Security Administration, and your
passport at the State Department. For the same reason we do not keep all of our
money in one bank- if it is robbed we’d lose everything, we should not keep all
of our data in one database- if it is hacked, all data is compromised. It is
easier to hack/compromise one database than it is 3, 4, or 5.
Secondly, the law requires a proof of residential address,
which is “proved” via one of several documents, such as a utility bill, bank
statement, or mortgage coupon. While some local governments provide utilities
and would have records, no government agency should have your personal bank
statement or mortgage coupon.
Myth: If it stops one
terrorist, it has been worth it.
Fact: It’s been
shown we cannot provide 100% security at airports. Each time security is
improved, those that seek to defeat it devise a way to do so. Recently, we’ve
seen this with the removal of shoes at screening points, then “enhanced” pat
downs or full-body scans. Those that pay the price for this are the travelers
that are forced to submit to the indignity of a stranger’s hands touching their
private areas, or a scan photo that can be converted to a realistic nude photo.
REAL ID works in the same manner. If someone is locked onto the mindset of
destroying private property or killing many people, there are ways to do so
that do not involve the use of a driver license or ID card. The REAL ID Act as
written would still substantiate false “breeder” documents as was the case with
a recent Russian spy ring. The solution is a state-to-state ID verify
system (link is a 5MB PowerPoint file)
as proposed by the Constitutional
Alliance.
Life is a risk, and the government cannot protect us from
every possibility that comes our way. People are born and die each day in this country;
it is a cycle that is impossible for humans to stop via legislation.
Myth: This is not a
national ID card.
Fact: Read
section 202 (d) (11) and you’ll see the phrase “accepted by any Federal agency
for federal identification or any other official purpose”. In fact, it is a de
facto national ID card. It’s national standards with the cost and effort
imposed upon the states. Why do something yourself when you can get someone
else to do it for you? See also the “Official Purpose” under section 201 (3)
and you’ll find this includes any purpose the unelected Secretary of Homeland
Security shall determine.
*Myth: Federal
funds/money.
Fact: As of 2008,
over 95%
of all revenue the federal government derives comes from income, payroll,
corporate, and excise taxes. A gross majority of this revenue comes from the
people via the income tax code or the cost of goods passed on by the
manufacturer. It is then redistributed via numerous levels/departments and
ultimately returned to the people, although as a much lower amount than was
taken. Think we’re making this up? Click the link above and read about it.
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