The word on the street of Washington DC now states that there is a bill in Congress following up on the REAL ID Act of 2005, which was signed into law by former President George W. Bush. The REAL ID Act established national standards for state-issued driver’s licenses, creating a de facto national ID card, allows for greater targeting of terrorism within the states and tramples over state laws that might interfere with the enforcement of such laws, considered a part of the War on Terror. However, many states responded to this action by citing the 10th Amendment (which states that any power the Constitution does not specifically delegate to the Federal Government belongs to the states or the people) and refusing to comply with the law. This process resembles the nullification process in the late 1700s when President John Adams passed a law restricting criticism of the Federal Government and individual states nullified the law as unconstitutional.
The new bill in Congress would fight back against states that do not “comply” with the REAL ID Act of 2005 by withholding highway funds. This type of law is called an unfunded mandate. An unfunded mandate is when the Federal Government blackmails the states by withholding money from states that do not do as they please, which undermines a Federalist system of government and moves us in the direction of a Unitary State where the Federal Government makes all the decisions. The unfunded mandate is typically used when there is something the Federal Government wants to do but cannot because it is not within their constitutional limits. In the past this technique has been employed on a number of occasions and the states have complied out of dependency. Read the rest of this entry »

