California Edges Toward Joining Real ID Revolt
The Department of Homeland Security's Real ID program has a real challenge on its hands from California. DHS had said it will only grant extensions from the Real ID rules taking effect on May 11 to states that apply by March 31 and promise to implement Real ID by 2010. California requested an extension but would not make the latter promise. DHS buckled and said, in effect, "Good enough." Perhaps they realized that trying to slap giant California around is qualitatively different than doing the same to New Hampshire. In another crack in the wall. DHS has granted Montana a waiver it explicitly did not ask for. From Wired: "For a short moment Thursday, millions of Californians were in danger of facing pat-downs at the airport and being blocked from federal buildings come May 11... DHS had said before Thursday it won't grant Real ID extensions to states who don't commit to implementing the rules in the future. That meant Tuesday's letter looked like enough to join California to the small rebellion against the Real ID rules. For Californians that would mean enduring the same fate facing citizens of South Carolina, Maine, Montana, and New Hampshire... [A]fter Threat Level provided Homeland Security spokesman Laura Keehner with the letter, Keehner said California's commitment to thinking about commitment is good enough."
Borodin: Do you think they will let me live in Montana?
Capt. Ramius: I would think they'll let you live wherever you want.
Borodin: Good. Then I will live in Montana. And I will marry a round American woman, and raise rabbits, and she will cook them for me. And I will have a pick-up truck, or umm... possibly even...a recreational vehicle, and drive from state to state. Do they let you do that?
Capt. Ramius: Oh yes.
Borodin: No papers?
Capt. Ramius: No papers. State-to-state.
I wish states would step up and grow a pair more often. It's about time the states remembered their place in our system of checks and balances.
... and that's when the C.H.U.D.'s came at me.
Anti-immigrant fervor has grown steadily during the Bush administration, mostly due to the over-investment in foreign workers during the Clinton administration and the economic downturn during the early 2000s. The anger is mostly directed at Mexican and South (and Central) American foreigners who are perceived as coming into the US and stealing jobs from hard working Americans.
Hence the call for RealID. If you have one, supposedly you can finally prove that you are a citizen and entitled to all the rights and privileges thereto. Mexican? Sorry, amigo, don't let the fence scratch you on the way out. So with all the anger towards jerb-takers, politicians see an easy way to gain votes and not actually fix anything: RealID.
It is particularly sad that we're not more open to qualified foreigners, but rather lump all immigrants (legal or not) into the same category of jerb-stealers. If you want to see what the average American thinks of immigrants, watch Lou Dobbs once in a while. Then you'll understand that not only is there a strong desire in this country for RealID, but that those people are sadly the majority.
Good thing they've got the governator.
If it wasn't for him, we'd be dead from aliens and terminators and who knows what else! Its no wonder that even the DHS can't push him around.
Citizens with valid and accurate papers are perfectly capable of entering a federal building with evil intent.
So you have to wonder exactly what the government thinks it is protecting itself from by using REAL ID?
As has been remarked before (by myself and others), one of the more interesting results of demanding such specific identification of residents of states that balk at Big Brother is the abrupt denial of the Constitutional right to seek redress of grievances in the courts (read the Federal courts). If you have such "leper" identification, suddenly you cannot sue anyone in the Federal courts, or even show up to defend yourself if you are sued in a Federal court or charged with a crime in the Federal courts, or testify as a material witness in Federal courts. Will Federal judges issue contempt of court citations against the defendants, or against the armed agents who prevent the defendants or witnesses from entering the courtrooms? Getting Federal agents to enforce a blizzard of contempt of court citations against themselves could be problematic. I am not a lawyer, nor do I pretend to be one at drunken parties, but this all seems entertaining in a grim way.
A truly excellent pizza parlor is a delight unto the heavens. Treasure the sauce and the toppings!
DHS is coming across as a desperate guy who proposed to a woman way out of his league. He anxiously tells his friends "She didn't commit to a 'yes', but she committed to thinking about committing".
Here is the link I meant to put in the post above: http://phoenix.craigslist.org/pol/581103415.html
Sorry about that... not back to normally scheduled reading.. or not
Support NYCountryLawyer RIAA vs People
A couple weeks ago, I heard the governor of Montana on NPR, talking about why his state wasn't going along with the federal plan. It was an embarrassing interview, he tried to sound folksy as a rural westerner would, but ended up sounding ornery, obstinate for no real reason, and clueless on the real issues. In my opinion, he missed a real chance to explain real reasons why Real ID doesn't make sense. I very much wish that they would get security experts like Bruce Schneier to talk in layman's terms about the actual shortcomings, or even Constitutional scholars to talk about the states-rights issues that apply here, than to get politicos who just want to explain why they "ain't signin' up today fer a concept of tomarra."
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Congress won't defend the Constitution or Rule of Law anymore. The Supreme Court has been compromised.
Perhaps the states are our last hope. If California, New York, and just a few of the other big states say no to all the nonsense, the federal government shall have to back down or stage a coup.
It would be great to see them band together and take a very strong, pro-Constitutionalist stance on RealID, as well as the other recent intrusions on states' rights (I mean it in the Constitutional sense, not the neo-con sense).
For instance, the deployment of National Guard overseas at the expense of Civil Defense; the National Guard units belong to their respective states and actually answer to the governors, not the President. Or take the Medical Marijuana initiatives that passed all around the country in 2006 and which the Federal Government has been trying to countermand--it's not my issue but the states have the right under the Constitution to regulate such matters within their own borders.
Maybe, just maybe, if the states lead the way Congress will grow a pair.
Do what you can, with what you have, where you are.
I mean, if teenagers have already figured out how to forge them, then real terrorists will have no problem with it either.
So I ask, exactly how secure does this REALID card make us again?
As soon as I saw it, I knew that mass producing american flags as stickers, magnets, and hats would be a way to make a quick but.
Was it ever! I made so much moola in a such a short period of time that I wish we would get hit again.
of course this is not me - but I simply wanted to raise your emotions about how capitalistic our society is and let you be the judge... how did you feel when I typed that?
States lost a lot of their rights when they permitted people to choose Senators and ever since then the Federal Government has run over the states...
* Winners compare their achievements to their goals, losers compare theirs to that of others.
I find it interesting that the states are refusing to implement REAL ID, but the state's representatives voted for it. So who are they representing if their state is willing to flat-out refuse a law? This is a very serious breakdown of representation. It is absolute confirmation that the representative democracy is not working.
The other aspect of all this is that while Slashdotters are praising the states for standing-up for civil rights, the reality is that the states are fighting REAL ID because of funding issues, not because of civil rights issues. If the government tied federal funding of schools (or highways, or parks, or somethng) to the implementation of REAL ID, then the states would quietly fall-in line.
http://www.huffingtonpost.com/naomi-wolf/ten-steps-to-close-down-a_b_46695.html
Ten Steps To Close Down an Open Society
1 Invoke a terrifying internal and external enemy
2 Create a gulag
3 Develop a thug caste
4 Set up an internal surveillance system
5 Harass citizens' groups
6 Engage in arbitrary detention and release
7 Target key individuals
8 Control the press
9 Dissent equals treason
10 Suspend the rule of law