by Mark Lerner (July 8, 2008) Constitutional Alliance Stop Real ID Coalition
First, I would like to thank those at GovTrack.us for the valuable service they provide. It allows for citizens to track legislation and much more.
SB 717 does repeal the Real ID Act but it also restores section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004.
It is our contention that the same Tenth amendment arguement that surrounds the Real ID Act holds merit also with regard to SB 717. We simply do not agree that the federal government has the constitutional authority to dictate to States requirements regarding the issuance of State driver’s licenses. In addition section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 calls for a digital facial image. Some will argue Real ID is voluntary. We counter that with the unlimted discretion provided the Secretary of Homeland Security to put in place restrictions which we call penalites on those that do not have Real ID compliant driver’s licenses, Real ID is not voluntary but mandated by coercion. Yes, DHS does allow for substitutes documents if a citizen does not have a Real ID compliant license but those documents also require the collection of biometric samples.
It is our humble opinion that the federal government should have provided leadership, funding and counsel to States but it should have been the States that passed laws regarding their own licenses. The federal government has taken a slege hammer to resolve an issue that could have been resolved with a hammer. All to often when a sledge hammer is used it ends up destroying what a simple hammer could have repaired.
Real ID will not be fully implemented until 2017. The States could have worked out on their own the best way to create tamper proof driver’s licenses and the vetting breeder documents such as birth certificates. The States could have enacted measures that would be far less invasive and certainly less costly in a much more timely manner. Leadership, not laws is what is called for by the federal government.
We believe supporting SB 717 is sacrificing one Amendment, the Tenth to preserve other Amendments. Our view is the Bill of Rights creates bookends in the First and Tenth Amendments. If either the First or Tenth Amendment is sacrificed one of the bookends falls. When one bookend falls all the books or Amendments between the two bookends will eventually be threatened and fall.
We appreciate the SB 717 calls for a negotiated rule making process unlike the rule making process for the Real ID Act. Groups that get a seat at the table will have little influence on the final rules. But even if they did have influence it doesn’t change the fact the federal government is getting in the business of the issuance of State driver’s licenses.
On another matter we have serious question related to the no bid contract it appears AAMVA was awarded. We have questions related to what role EDS will play.
On a final note we recomment that each person become familiar with FIPP (Fair Information Practice and Principles). Although FIPP has not been codified it is recognized by our government with other nations. I would encourage people to read the information provided from the following link http://www.ftc.gov/reports/privacy3/fairinfo.shtm
We belive FIPP should be codified by the federal government, States and even organizations. FIPP directly addresses the issue of transparency regarding the collecting and sharing of information.
About The Author 
Mark Lerner is a co-founder of the Constitutional Alliance, an alliance of groups and individuals who support the Mission Statement.