I don't necessarily agree with the left-wing bias of this article. But unfortunately it is one of the only writeups of the story I could find! I'm amazed (not really) that the brave legislature of New Hampshire doesn't even merit a mention on the national news casts. Absolutely criminal! I salute the good people of New Hampshire and their brave stand! What valor!
NEW HAMPSHIRE REJECTS NATIONAL ID
March 20, 2006
"Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution." --James Madison, Federalist No. 39, January 1788
If it's one thing architects of totalitarian government out in Washington, DC, despise, it's when the states of the Union stand up and say no! We are seeing more and more state legislatures rebuff the unconstitutional laws coming out of Washington, DC, than we have in decades. One MAJOR victory came last week, although there hasn't been a peep out of any media that I've seen or read:
The New Hampshire House voted overwhelmingly to reject the Transportation Committee's recommendation of ITL and in a subsequent motion to pass HB 1582, forbidding any state agency from participating in any national ID requirement. The bill is succinct and to the point:
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT prohibiting New Hampshire from participating in a national identification card system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
Prohibition Against Participation in National Identification System. The general court finds that the public policy established by Congress in the Real ID Act of 2005, Public Law 109-13, is contrary and repugnant to Articles 1 through 10 of the New Hampshire constitution as well as Amendments 4 though 10 of the Constitution for the United States of America. Therefore, the state of New Hampshire shall not participate in a national identification card system; nor shall the department of safety amend the procedures for applying for a driver's license under RSA 263 or an identification card under RSA 260:21. (text of bill)
This is an amazing and truly magnificent example of Americans who serve in a state legislature standing up to the bullying and "unfunded mandates" coming out of Washington in an effort to enslave we the people. The so-called 'National ID" has nothing to do with tracking terrorists and everything to do with turning we the people into numbered cattle to be tracked and harassed.
Ironically, the day after this major defeat for the communist crowd in Washington, DC., our local media carried an oh-so-serious segment about how California, as well as other states, are concerned they won't have the money to comply with this unfunded mandate by the feds to convert California driver's licenses into these insidious national IDs. Apparently, this isn't a concern for Governor Jim Doyle of Wisconsin. Last week this elected public servant who has no concern for the rights of his sovereign citizens or the U.S. Constitution released this press release:
"Doyle today signed Assembly Bill 69, which moves Wisconsin toward compliance with sweeping federal requirements mandated by the REAL ID law. In signing this legislation, the Governor was following the recommendation of the Wisconsin Department of Transportation.
"Tightening the process to crack down on drivers' license fraud is an important goal," Governor Doyle said. However, the federal REAL ID Act is an enormous, under-funded mandate by Congress that is going to present massive implementation challenges for every state. The federal government doesn't seem to have thought through these challenges or offered the states the necessary help, guidance, or resources to implement this mandate. That being said, the state has to comply with federal law, and this bill will allow us to begin to take the necessary steps to do so.
"States have until May of 2008 to comply with all federal REAL ID Act requirements. If states are not in compliance at that time, residents will not be able to use their drivers' licenses for federal purposes, including boarding commercial airplanes, or entering federal buildings.
"The Department of Transportation recommended I sign AB 69 at this time," Governor Doyle said. "Doing so now not only allows our Division of Motor Vehicles to begin the extensive, time-consuming programming work needed to implement REAL ID, but also guarantees that Wisconsin residents will not be prevented from boarding airplanes in spring of 2008. It will bring enhanced security to our driver's license and identification card issuance system as well." (End of excerpt)
Buffoonery! Did you read what Da Govn'r office said in their press release? "However, the federal REAL ID Act is an enormous, under-funded mandate by Congress that is going to present massive implementation challenges for every state. The federal government doesn't seem to have thought through these challenges or offered the states the necessary help, guidance, or resources to implement this mandate. That being said, the state has to comply with federal law, and this bill will allow us to begin to take the necessary steps to do so."
Hello? The states of the Union DO NOT have to comply with federal law when that law is clearly a violation of the supreme law of the land and the state constitutions. Recall what I wrote in a column in December 2004:
Memorandum for Walter Zellman from Sallyanne Payton, clearly marked: Preliminary Draft for Official Use Only. Do Not Quote or Release For Any Purpose, page 4, Health Care Task Reform under Hillary Clinton. Please note these sections: "(b) may the federal government use other actors in the governmental system and the private sector as its agents and give them orders as though they were parts of a prefectorial system? The short answer is "no." State governments are independent, although subordinated, sovereignties, not subdivisions of the federal government.
"Although the federal government may regulate many of their functions directly [as well, for example, it subjects state water districts to the Clean Water Act], it may not require them to exercise their own governmental powers in a manner dictated by federal law. The states may be encouraged, bribed or threatened into entering into joint federal state programs of various sorts, from unemployment insurance to Medicaid; but they may not be commanded directly to use their own governmental apparatus in the service of federal policy. There is a modest jurisprudence of the Tenth Amendment that seems to have settled on this proposition. See the DOJ [Dept. of Justice] memorandum for a fuller elaboration."
What does this mean from a constitutional position? It means that the government can bribe the states, they can threaten them, but in fact, the states cannot be forced to get down on their knees to the federal machine.
In my letter to my state rep, senator and Mr. Arnie, I provided a copy of that memorandum as well as these three cases for their legal staff to use in drafting legislation just like New Hampshire:
Marbury v Madison, U.S. v Lopez and Printz/Mack vs US.
Contrast the statement from Doyle's office with the language in the bill out of New Hampshire. This is what the people of Wisconsin need to do immediately: Call your state legislator and state senator. Tell them you will work your fingers to the bone to see they are voted out of office if they don't get new legislation to over turn this unconstitutional legislation Doyle signed. Then - and you must follow up with a snail mail demand - do as I have done: I sent to my state assemblyman, state senator and His Excellency, Govn'r Arnold, a polite letter explaining that I will NOT turn in my California driver's license for a national ID. I enclosed a copy of the NH legislation and demanded that they immediately draft legislation exactly as NH has done and get it through the legislature. Please do the same thing in your state. Cut and past this column to your word processor and send it or shave it down into a letter. This only takes a few minutes.
It is your God-given right to travel freely. One of the insidious provisions of this so-called National ID is that you won't be able to enter a federal facility, fly or take Amtrak. This is a violation of your right to travel and I have provided a healthy dose of case law here. In your letter to your state rep, senator and governor, politely tell them you and others will file a lawsuit to stop this national ID because it violates your constitutional rights. The good news is we are beginning to see more and more victories at the state level. So many of these draconian and Nazi-style laws coming out of DC can be killed by your state legislature, but it takes everyone putting on the pressure.