REAL ID Act of 2005

Liberal Position

• For the most part, Liberals are opposed to the REAL ID Act of 2005.

Conservative Position

• Many Conservatives in Congress support the REAL ID Act of 2005, though not as much on the state level.

Libertarian Position

• The Libertarian Party strongly opposes the REAL ID Act of 2005.

Issues of Federalism

Federal Issues

• Many states feel that the REAL ID Act violates the Tenth Amendment. Since nothing is stated in the Constitution about identification, it should be up to the states on how they issue ID's.
• As a result, many states refuse to comply with the act.

• The Federal Government faces high opposition and non-compliance when it comes to the REAL ID Act of 2005.
• To encourage states to comply, the Federal government delayed enforcement dates and offers 79.8 million in grants for aid in complying with the act.

State Issues

• We as a group feel that the REAL ID Act of 2005 is ineffective. Primarily being, too few states are compliant for the REAL ID's to be effective. Only 17 states comply with the act. The security breach trying to be prevented could come from any of the other 33 states. Also, enforcement of the act keeps getting delayed due to opposition and outcry from the states.

Group Opinion

• States face multiple issues such as the high cost to comply with the act, popular opposition, and many feel their Tenth Amendment right is being violated.
• Many states address these issues by passing anti-REAL ID Act legislation and/or do not comply with the act.
• Some states do comply with act including New Jersey.

Provisions Of The Act

Reasoning Of The Act

In The Beginning

• Proponents of the act argued that by passing the REAL ID Act, terrorists acts could be further prevented and also aid in controlling illegal immigration.
• Opponents argued that the act is an invasion of personal privacy, weakens the Judicial branch, and is a violation of the Tenth Amendment.

• The reasoning for the passing of the REAL ID Act of 2005 was to improve the reliability and accuracy of state-issued identification documents, therefore tampering terrorists’ ability to avoid detection by using fraudulent identification.

• National standards to be put in place for drivers licenses and non-driver identification cards.
• Terrorist organizations and terrorist activities were defined.
• Judicial review was limited on matters of immigration and homeland security.
• Tighter screening and identification requirement for flying on airlines.

Controversy

Arguments

• The act was highly controversial. Many felt it infringed on both personal rights and states' rights. It was also felt it gave certain parts of the Federal government too much power and violated separation of power, for the act weakened the Judicial branch.
• This act was passed easily and by huge majority (received 388 in the House and a unanimous vote in the Senate) but this is only because it was a rider on a much larger legislation that included Tsunami relief and funding for the Iraq War.

• The REAL ID Act of 2005 (H.R. 418) was presented to the House of Representatives on January 26, 2005 by Jim Sensenbrenner as part of a military spending bill (H.R. 1268).
• The bill was signed into law by President George W. Bush on May 11, 2005.

REAL ID Act of 2005