REAL ID Act

The REAL ID Act of 2005 is the name of a proposed national identification system in the United States. This system would require a national standard for state-issued ID cards, similar to driver's licenses.

Current Status

The Real ID act started off as H.R. 418 and went stagnant. It was then attached as a rider on a military spending bill (H.R. 1268), by Representative Sensenbrenner (R) of Wisconsin (the author).

It is worth taking a look at the thomas registry's bill summaries for both H.R. 418 and H.R. 1268 . Looking at the voting records will tell you who is in support of the Real ID act, and you can read why they do or do not support it. Ignore the cosponsors list since it does not mean that a particular politician was for the bill. Cosponsorship just means that person wanted to see where it went. Could simply be that they didn't like it and wanted to more easily tack things on to it to make it fail, or be able to strike parts of it out. It is easier to do a friendly amendment as a cosponsor.

Functions

The Real ID card will function as the main form of identification. States will be required to link their databases to share all information regarding the cards. The cards are slated to replace other identification within 3 years for use at federal institutions.

According to the bill itself, it was ostensibly designed for the purpose of detering terrorist activity in the United States.

The requirements of the national ID card is as follows.

• The person's full legal name.

• The person's date of birth.

• The person's gender.

• The person's driver's license or identification card number.

• A digital photograph of the person.

• The person's address of principle residence.

• The person's signature.

• Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.

• A common machine-readable technology, with defined minimum data elements.

Controversy

While not unlike the standard driver's license already issued by all states, the bill itself has unduely created controversy due to the following section. The section is often quoted out of context: its explicit breath only covers a provision on increasing border security along the Mexican-American border and not to the whole bill itself.

(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, 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.'.

In effect, this section elevates the Secretary of Homeland Security above the law, allowing him to do literally anything and not be subject to judicial oversight. Since the SecySec is responsible to and appointed by the President, in this law the Congress essentially gives unlimited power to the executive branch.

Additionally, its Anti-Judicial review clause is significant because it is unprecedented that a law has be written that explicitly denies the judicial branch jurisdiction to overturn it or rule its effects unconstitutional.

Also, many have pointed out that the 9/11 terrorists all had proper identification, and therefore this bill would ultimately result in little more than the creation of a bureaucracy.

External links

• H.R.418 Bill Summary & Status
• National ID Cards and REAL ID Act
• UnrealID
• Real ID: You Can Still Fight It discussion on Slashdot
• Real-ID Passes U.S. Senate 100–0 discussion on Slashdot
• Does the Real ID act contain a Constitution-busting Trojan horse?
• Real ID FAQ at news.com