In a move unprecidented since the Civil War, the Montana legislature has voted (with bi-partisan support) to nullify and ignore federal law that would implement a quasi-national ID. The proposed "Real ID" would require states to tighten standards for acquiring a drivers license. Under the act, a birth cirtificate, finger prints, a social security number, and other forms of identification must be submitted in order to recieve a drivers license. This information would then be stored in the license itself, essentially establishing a National ID system similar to those in Europe. Republican Congressman Sensenbrenner proposed the bill in an effort to fight illegal immigration, and Bush has supported the bill. But if Bush and Sensenbrenner were actually concerned about illegal immigration, why do they continue to leave the borders wide open, with scant attention from the National Guard? Oh right, becuase they like the cheap labour.
In any event, the Montana House approved the measure 82 to 18, with only a handful of Democrats opposing the nullification of federal law. Senator Jesse Laslovich of Anaconda has said, "This is unconstitutional. We cannot do this. The state doesn't have the power to nullify a federal law. Period."
The thing is that if the law itself is unconstitutional (a National ID is a flagrant violation of the 4th Amendment if there ever was one), the state can do whatever it pleases to fight the law, as far as I am concerned. Checks and balances, anyone? When the Real ID Act goes into effect in 2009, Montanans will no longer be able to save money in banks, travel on airplanes, or enter federal buildings and landmarks.
The states of New Hampshire, Maine, Washington, New Mexico, and California are also likely to pass similar protests. So if you live in any of those states, enjoy your right to fly on an airplane while you still can!
Could we see a repeat of the South Carolina Nullification Crisis under Jackson? I hope so.
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