Real-ID Passes U.S. Senate 100-0
jeffkjo1 writes "The U.S. Senate has passed the $82 billion Iraq Supplemental Spending Bill (approved by the House last week), which includes the Real ID act driver's license reform (previously reported here.) The National Governors Association has indicated at the possibility of a lawsuit to challenge the constitutionality of the Real ID provisions, which would create national driver's license standards, and a federal database of information from all 50 states."
You know, I remember when they had an Election in Iraq right before the U.S. invaded. I think the vote was 100% for Saddam Hussien. The problem with that is that in almost any real democratic process there are always two or more sides
They really need to make it so they cannot attach measures like this to bills that have absolutely nothing to do with them.
Once in our lives, it would be great if a bill was introduced without riders, without hidden proposed laws that are enacted once the main bill passes.
Oh that's right. Those clean bills already happens when Congress votes itself a big, fat payraise for screwing over the citizens of the country.
Nevermind.
I'm so thankful this is going to come to pass. Finally, I don't have to hunt through multiple databases to swipe all of the pertinent information about someone. It's all collected in one place for easy access. Thanks, DC!
Problem is, no one can oppose this bill. It'd be like the trouble Kerry got into x100. The only thing they can do is offer amendments. The senate version of the bill didn't even have the Real ID language, but the joint meeting added most of it back.
You do the representative democracy thing, you protest legislation you FAX your senators and representatives like crazy and they don't even listen!! They didn't even attempt to remove the RealID rider!
Then the Democrats say they were against this "under-the-table" budget push.
Really? 100-0.
Where's Kerry's "I'm all for immigration" leadership now? 100-0.
Where's Kos? He's been spewing filibuster stories, but not one major post about the RealID
And the Democrats wonder why they're losing elections. Hint, if you're going to act like a Republican... people might as well just VOTE Republican.
This is all Lincolns fault!
"Nobody knows the age of the human race, but everybody agrees that it is old enough to know better." - Unknown
And here is why: This will piss people off. Not just /.ers, but anyone with a mild taste for freedom. And if it pisses enough people off, this hole in democracy will be patched up forever. If a senator tacks on federally paid monuments for his hometown; that is corruption but no one will go up in arms.
But challenge our freedom? Time to stop this crap once and for all. Now, if I'm wrong and the people show themselves so docile they would have thier freedoms raped... God help us all.
"A man is but the product of his thoughts what he thinks, he becomes." -Mahatma Gandhi
In the state legislature in Indiana it's against the rules to attach riders to bills that have nothing to do with the bill itself.
In this last legislative session, this got to be a real problem because political maneuvers blocked 100s of bills from being introduced, allowing only several dozen bills through.
Following the rules, the bills should've died. Instead they were attached to the existing bills through "creative interpretation".
Some bills couldn't get handled this way no matter how much bending of the wording they could do. In those cases, they stripped the entire language of the bill out and replaced it with the language of the more important bill. (For instance, Bill xxx "Raise the speed limit from 65 to 70" was gutted and became a bill to enact Daylight Savings Time... but was still titled the "speed limit bill".
So as you see, it doesn't matter what restrictions are put on the process. Politicians will get their way.
Some weren't so bad:
"121. S.AMDT.430 to H.R.1268 To prohibit the use of funds by any Federal agency to produce a prepackaged news story without including in such story a clear notification for the audience that the story was prepared or funded by a Federal agency."
Not a Twitter sockpuppet... but I wish I was.
This is how liberty dies. With thunderous applause.
"Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
I cannot believe with so many people raising awareness and complaints to this issue our elected officals
Maybe your idea of "so many" is a little off, and maybe "awareness and complaints" don't alter the actual facts:
1) There's nothing in state motor vehicle licensing databases that a federal investigator can't get to anyway
2) A consistent set of standards by which people (notably, of course, immigrants - legal or not) need to prove who they are before they get an item as enabling (in terms of access, banking, and so on) as a driver's license is.... well, not crazy, or draconian, or anything other than reasonable.
That's it... I quit voting
That'll fix it! Or, really, it gives you even more room to whine, I guess. How about making a more persuasive case that we should let some states issue official IDs (which are then honored in other states) without worrying about who the person actually is? Tough sell? Yes, it is... and is why you don't see our representatives acting like it's an inherently bad idea to smooth out the discrepancies in the process. Streamlining and further validating the process will save money, lives, and time. The downside would be... let's see, a situation where it's harder for liars to get mainstream IDs?
Don't disappoint your bird dog. Go to the range.
The politicians get stuck on the horns of a dilemma, possibly due to uninformed voters.
Scenario: Congress creates a bill called the "fluffy bunny petting act of 2005, providing (amongst other things) for free cold fusion generated power and eternal global peace"
Sen Dick Shaftus, (R-TX) decides that this is his opportunity, and attaches a rider - "Infant Mulching Federal Subsidies for the Rich".
Principled politician, Molly Naivitus (D-MA) votes against the bill, desparate to prevent the mulching of infants in her state.
Republicans campaign against Naivitus in Massachussets, outraged that she would vote against petting fluffy bunnies and eternal global peace!
Voters, spun by soundbites and browbeaten by O'Reilly, vote Naivitus out of office.
Future Senators take note, and convince themselves that the main purpose of the bill is probably enough, and some of those infants might have deserved it anyway.
-- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
But in the US, we have states. In fact, one of the amendments to the constitution states that any rights/laws not stated here-in are up to the individual states.
This is why Vegas has legalized gambling and prostitution. This is why Nebraska has a speed limit of 75, Pennsylvania 65, WV 70, and a few years ago Montana had no speed limit (during the daylight).
Many people don't realize that the federal law makes the legal drinking age 18. "But why is it 21 in every state?" They deny funding to states that don't make it 21. It works the same way with many rules so the federal government can extert control over the states (including the speed limit).
Now they are going to extert control over state IDs and make them federal. Now you will have a US drivers license...basically. That means most of the traffic rules will need to be merged.
The US was founded on state rights, hence "The United States of America". If you don't like a state's rules, move to another state. The federal government is heading toward "monoculturing" the US. Pretty soon we'll be "Former United States of America".
There is near unanimous fear of "Real ID" (at least from slashDot posters).
I think it's important to point out why.
While I'm sure it appears obvious to many of us, I think others may be wondering why this is such a big deal. The fact that this bill passed seems to suggest some people (many people) don't know what the implications are.
I'm sure I'll miss some of the reasoning (feel free to add on) but here goes my take on it. As a disclaimer, I am Canadian, but I don't think that changes much:
A driver's license, like a social security number, is unique. This means we can uniquely identify a person through their driver's license.
The important differences are:
(1) A driver's license is often used as a saved form of ID while an SSN is not (except for employment purposes). This means your driver's license can be found in many places, potentially at places like your video rental shop.
(2) A driver's license is used as photo ID. This means it is on you and there are several places where the information can be grabbed. Possibly in places as innocent as a bar.
(3) A universal driver's license introduces the idea of a universal reader. Because of it being the only thing that can be reliably found on 99% of the adult population, it could become an easily scanned item to be used as a membership identifier (among other things). If this is done, a single ID can identify you in literally thousands of establishments with a paper trail that will trounce your credit card trail.
(4) When you tie in "saved everywhere", with "stealable anywhere" with "scannable anywhere/information everywhere" you've got a severe loss of privacy.
The reasoning from (1) to (4) is probably not obvious to a lot of people. That's ultimately what makes it dangerous. You get to give up your freedom but it sneaks up on you in a way that you actually agreed to it (which makes it a lot harder to complain about when it happens).
Sunny
Be my Friend
...that this got passed. The notion of having a national standard for ID is understandable, but the bill actually states that: "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, or order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision." This quite literaly places the Secretary of Homeland Security above the law. This MUST be unconstitutional. Once again i feel very sorry for you. If this got proposed in my country (Australia) i would fight it with a public information campaign, which would be in addition to my countries relatively effective checks and balances halting it in its tracks. (or so I would like to believe)
Yet oddly enough entry requirements have just been relaxed for visitors coming from Saudi Arabia, where 15 of the 19 9/11 hijackers came from.
Welcome to America, where common sense is second fiddle to political correctness.
What's even funnier is that IIRC the hijackers all had legit IDs, which were legitimately obtained.
No matter what kind of fancy, high-tech shit they stuff into IDs, as long as there are greedy people in charge of doling out those IDs, people who want fraudulent ones will be able to get them.
What's worse, anyone with fraudulent Real-IDs will not get the scrutiny they deserve-- people will just swipe the thing, see it comes up as valid, and not question it.
It's just the illusion of security, just like all the horseshit they put into place at airports after 9/11. Window dressing, nothing more.
~Philly
The courts can not uphold a law if it does not apply. In other words, this bill allows the people making the decisions to exempt themselves from responsibility and even place themselves above the law (granted, some state laws may apply in the case of murder, rape, and other violent crimes which the federal government might not be able to exempt themselves from).
We need to form a front on the feds that are encroaching our rights. Fortunately for us Americans (for those that are still worthy of being called that) we have a legal way and the tried and true illegal way. Both fronts are approachable, though the last should be exactly that, a last resort. Seriously, we need to act. I'd be willing to pay with my life to make this country a better place and I'll be damned if I slowly rot and watch this sheer misery without at least taking a stand. The Federal RFID-enabled trackable ID encroaches on state rights on so many fronts. Want to know why the MATRIX (think they picked that name on purpose) failed? Only a handful of states decided to cooperate, the rest preferred to keep their constituents information private.We might as well start signing waivers of rights at age 18 to gain an ID and other "priveledges" at this rate.
I hereby declare that we as citizens need to get involved and also get other citizens involved because this is affecting us all in so many pervasive ways that the slippery slope is starting to look like a cliff we have all just potentially jumped off. You may say to yourself, well, that doesn't affect me, everything I do is legal, but wait until you are sued because you are caught with some illegal mp3s or worse thrown in jail. Wait until you find out that you should have no rights to medical privacy according to the federal government and John Ashcroft. Where does it begin and more importantly, where does it end?
Our rights are gone and in many places we cannot even arm or defend ourselves even in spite of the threat of deadly force. What freedoms do we have left with potentially now the ability for the local, state, and federal governments to all easily monitor our whereabouts and travels?
Please read my last post on the last story about the Real ID. We need to respond with at least *something*. We need to take the stand. I'm sure that if half of the americans really knew what was going on in their congress (or even cared to know) those that are holding power would certainly not keep getting reelected. I know that there are not really many easy solutions in the sheer complexity that is modern society, however this has become a reflection of what should not be implemented in a national government and we still have the power to effect change.
Come on Slashdot! Create a Slashdot effect on the feds for chrissakes! You all echo in a chorus that what we are doing is dangerous and potentially has drastically negative consequences. You all seem to hate patent law, industry regulation, war, the DMCA, the Patriot Act, the FCC, the broadcast flag, and this truly sad piece of legislation.
Seriously, can't we just play nice for a day and decide to do something about this trite? Is it that hard? We could have Liberty Day and get together in our cities and towns and meet, geek to geek. Surely the geeks are at least smarter than anyone else, right? Can't we brainstorm some better ideas while where at it and figure out how to wrestle control away from two political parties? Revolution Day?
THE REVOLUTION WILL BE TELEVISED
Let us hope there is some sanity left in this world, right?
zosxavius photography
"I am not bothered by anything in this bill".
_ under_the_United_States_Constitution
Not even:
(Redundant, but necessary)
(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court, administrative agency, or other entity 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.'.
Doesn't patriotism mean exactly that -- being bothered by un-American acts, not excluding those un-American acts of law by Congress? Since when does Congress -- or ANY branch of government, for that matter -- have authority to circumvent the system of checks and balances we have in place?
If our Supreme Court aren't pussies they'll strike this down faster than you can say the URL http://en.wikipedia.org/wiki/Separation_of_powers
Slashdot requires you to wait longer between hitting 'reply' and submitting a comment.
Sorry, but including two phrases in the bill which disallow judicial review of executive behavior is not Constitutional.
Slashdot requires you to wait longer between hitting 'reply' and submitting a comment.
So write your Senators and Reps. I just did:
Senator Obama,
Congratulations. The Iraq Supplemental Spending Bill passed, 100-0. I hope you're satisfied with your hard day in the Senate.
But I heard that the RealID Act, included as a rider on the bill, creates a national drivers license standard and requires a database containing information on every single person in the United States with such a license.
But I heard that the bill states that "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, or order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision."
You must be please as punch. The supplemental spending bill went through without a hitch, giving much-needed money to those poor soldiers in Iraq and Afghanistan and the unfortunate victims of the tsunami in Asia.
I hope somebody is happy, because I sure as hell am not.
Wasn't one of the reasons the United States disliked the Soviet Union too much because the USSR placed horrible restrictions on free travel, and "Papers, please" was a phrase heard at every local border? Well, I imagine you must be thrilled that, under the legislation you just sent to the President's desk, the United States Government will have the power to do the same thing very shortly.
I can picture it now: I'm on my way to visit my brother in Colorado, but because my RealID drivers license has my political history on it, I'm deemed a "security risk" due to anti-war protests I attended leading up to the invasion of Iran in 2007.
"That can't happen here! It won't happen here!"
How naive. When has any government, in the history of the world, willingly given up power after the populace was foolish enough to hand that power over? I'm sure in Nazi Germany and Soviet Russia requiring papers to travel within the country was first announced as a 'temporary security procedure,' and would only be in place 'until things quieted down.
You must be so excited that the same thing can be happening soon, at state border near you.
And this gem: "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, or order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision."
Have you even read the Constitution? I am so angry right now, I can't begin to explain why the above passage is un-Constitutional, a horrible infringement on the liberties of individuals and states' rights, and a mind-numbingly dumb thing to have put your seal of approval on.
Senator Obama, I voted for you this past November. I was hoping to be excited about voting for you again in the future. We both know this bill was going to pass, with or without your support. But your campaigning speeches, your town-hall debates, your keynote speech at the Democratic National Convention, all seemed to point toward a man who was smart, idealistic, and would stand his ground against those in this country who would see liberty and justice fade away.
Give the people of Illinois some credit. Sure, the Republicans would start with attack ads, portraying you as having voted against funding the military and tsunami victims. But people like myself, people who knew the whole story, would never let your image be tarnished in such a way. We would spread the truth and make sure that lies and falsehoods were not allowed to be passed around as "truth."
And you went and voted, along with everyone else, for horrible, horrible, un-Constitutional bill.
Thanks a lot. A little bit of my idealism - my belief that our elected officials will do what's right, even when it's hard - just died.
Again, I hope you're happy.
Congratulations.
No need for bribes, we'll just attach it to some popular bill.
The driver's license should be exactly that -- a license to operate a motor vehicle on the public roads. It should not be identification. They were not designed to be, the systems which issue them were not designed with that purpose in mind, and misusing them as identification causes endless problems, as can now be seen. (same thing with SSN as a presumed unique ID for every purpose)
Driving without a license should be an extremely serious offense, not the casual slap-on-the-wrist thing it is now. Unless someone has proven their ability to control a big heavy mass with lots of kinetic energy, they should not be allowed to do so near other people, and doing so should be dealt with harshly. Never mind who they are, never mind if they are legally within this border or that. The only identification should be to ensure that the license really is issued to them (they're the ones with the proven skill), and that the license is valid (not forged).
I really would like to see it become more straightforward for anyone, legally or illegally present, to get a driver's license. And at the same time make it very straightforward that driving without one puts your ass in jail. Harsh consequences, but simple painless and threat-free compliance.
I'm a hell of a lot more afraid of some of the drivers I see hurtling toward me on the road than I am of a random bombing or plane hijacking. But as is usually the case, numbers and real risk get ignored in favor of emotional reaction. This lets lottery tickets get sold to the gullible [relatively benign], and lets despots take power, a little at a time [decidedly evil].
[side comment about misusing tools for purposes other than the intended ones, driving nails with a screwdriver and complaining that all screwdrivers need to be heavier and have a flatter surface...]
In theory, practice and theory are the same. In practice, they rarely are.