Whats wrong with the "real ID act"??

[Front242]

It's the mark of the beast!!!!!!!

[Theophylact]

Okay, you want just the technical objections? Read these representative posts by Bruce Schneier, Security Guru.

[MTAtech]

Schneier makes a valuable point about 50 incompatible state databases working together. I'm not sure the FBI and INS databases are talking to each other six years after 9/11.

Also, I question the legal authority of the federal government forcing the states to adopt this program. My understanding of federalism suggests that it's not proper. The Supreme Court hasn't been consistent with clear guidelines as to what Congress' authority with respect to interstate commerce. (e.g. in UNITED STATES v. LOPEZ, U.S. (1995) they struct down the gunfree school zone law on the grounds that interstate commerce doesn't extend to guns in localities while affirming GONZALES, ATTORNEY GENERAL, et al. v. RAICH et al. (2005) on the grounds that Congress' Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana grown and used only in one state.)

Traditionally, the feds can threaten to cut-off highway funds if states do not comply, but they can't just mandate it. I would argue that regulating state drivers licenses are not an interstate matter but who knows with this court.

[elroy]

Quote:

Originally Posted by MTAtech

I would argue that regulating state drivers licenses are not an interstate matter but who knows with this court.

Drivers licenses are only a matter of interstate commerce as it relates to truck drivers.

I see nobody has mentioned that under the current Real ID act the dept. of Homeland Security can mandate the addition of any type of info it wants to the Real ID.

What might be added?
criminal record
gun ownership
medical
financial
All of this info will then become available to virtually any business and any cop who stops you.

This is exactly like the Third Reich and the often repeated question, "where are your papers"?

All of this for U.S. citizens while millions of illegal aliens roam free unchecked.

[MTAtech]

elroy, my point is that the Real ID Act may be unconstitutional.

[elroy]

Quote:

Originally Posted by MTAtech

elroy, my point is that the Real ID Act may be unconstitutional.

I would agree, it is unconstitutional. Not only in the way it applies to states rights but also in violation of a citizens right to privacy and possibly a citizens right to redress greivances against the government since without the Real ID you won't be allowed into federal buildings.