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House Approves Electronic ID Cards

chrisaj5 writes "ZDNet News reports that the Real ID Act of 2005 has been passed by the House, by a 251-161 margin. It stipulates that driver's licenses must include a digital photograph, anticounterfeiting features and undefined machine-readable technology." From the article: "Another portion of the bill says that states would be required to link their DMV databases if they wished to receive federal funds. Among the information that must be shared: All data fields printed on drivers' licenses and identification cards, and complete drivers' histories, including motor vehicle violations, suspensions and points on licenses."

5 of 729 comments (clear)

  1. Yet another repugnant violation of states' rights by IO+ERROR · · Score: 5, Informative
    The driver license changes are one thing. But it's quite another to coerce the states into passing laws they don't want to pass, or that are contrary to their state constitutions, in order to receive highway funds. Hopefully the Senate kills this quickly.

    There is already a database of violators (the Nonresident Violator Compact) being shared between most of the states.

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
  2. Re:Yet another repugnant violation of states' righ by Aurostion · · Score: 5, Informative
    I think that the ID Card is the least worrisome part of this bill. From HR 418 (Real ID Act of 2005). THOMAS doesn't have permenent links, so forgive the lack of a link. Go to http://thomas.loc.gov and search for HR 418. The frightening section: SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS. Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows: `(c) Waiver- `(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section. `(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction-- `(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or `(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'. Rep. Earl Blumenauer yesterday:
    If this provision, the waiver of all laws necessary for quote improvements of barriers at the border was to become law, the Secretary of Homeland Security could give a contract to his political cronies that had no safety standards, using 12-year-old illegal immigrants to do the labor, run it through the site of a Native American burial ground, kill bald eagles in the process, and pollute the drinking water of neighboring communities. And under the provisions of this act, no member of Congress, no citizen could do anything about it because you waive all judicial review.
  3. Section 102 is even scarier. by grimwell · · Score: 5, Informative

    Section 102 allows the Secretary of Homeland Security to waive laws without Judical review. That strikes me as *way* worst then a huge database filled with non-verified DMV data.

    From thomas.loc.gov
    SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.

    Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:

    `(c) Waiver-

    `(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.

    `(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction--

    `(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or

    `(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'.
    ### end quote ###

    Gee, sounds like he can suspend pretty much anything without review. He just has to "say" it is related to building a barrier or road.

    Example: Labor laws governing the production of materials for the barriers or roads? Nah, they'll just get in the way, we're going to "suspend" those.

    OR

    What Endangered Species Act? Never heard of it, keep laying down the asphalt.

    --
    If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
  4. Forget the ID card, check out Section 102! by volsung · · Score: 4, Informative
    Section 102 of HR418 (the bill in question) has two positively frightening clauses:
    • "Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section."
    • "Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision."

    So in a couple paragraphs, they've given the Department of Homeland Security (executive branch) the power to ignore laws (legislative branch) and not be held accountable in court (judicial branch) for it. Now, I may have been asleep in government class, but that sounds like you're disregarding the system of checks and balances which underpin our government.

    Sure, they say it within the context of border security, but on the subject of rule of law and constitutional separation of powers, I can't see how anyone who has taken an oath to uphold the Constitution could vote for a bill including this provision in good conscience.

  5. Re:Yet another repugnant violation of states' righ by Fjandr · · Score: 4, Informative

    That's one of the most common responses. People think there's a law somewhere that requires you to fill out a form SS-5. Pick one up at your local SS office sometime, and read the Privacy Act statement on the back of it. That should clear up the notion that there's a law requiring people to have one.

    I don't use credit. If I should need to get a credit card for myself, it's easy enough to get a foreign account in any number of other countries, with a card linked to a bank account.

    Actually a visa gets you a TIN, not an SSN.

    I would agree with the use of torture in certain instances myself, hypothetically. However, I would not ever choose to empower a bureaucracy with the power to torture. It would, no question, be abused. Most especially since there is currently no oversight for the people being held without charges (Writ of Habeas Corpus, anyone?) in this country.

    Additionally, torture violates the 4th amendment, being necessarily cruel (though not necessarily unusual).

    Lastly, in anticipation of response from those who would say only US citizens are entitled to the protection of the Constitution, the founding documents of the US lay out a doctrine whereby all people are vested of the same rights naturally. The Constitution is just there to protect those rights, no matter who the person is or where they come from. Rights are not derived from the government, rather they supercede the existence of the government. The government's only legitimate job is to protect those rights (with certain notable exceptions documented in the Constitution). Any other function is an abuse of power.