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
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
"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
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
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.
A quick reminder: If you live in the LA area, please try to make it to
the rally on March 23, 2006.
If you live within 500 miles of Washington, DC, please get to the rally
sponsored by The Patriot Caucus and the Citizens Justice Institute on
April 17, 2006.
A lot of work, effort and money goes into these events. The permit for
the LA rally was hefty. We need massive turn outs to show we mean
business and we're not going to take it anymore. Without the heat, these
arrogant, pompous self-made Gods are going to continue the agenda of one
world government and the total annihilation of this republic.
© 2006 Devvy Kidd - All Rights Reserved