The Real ID Act that was passed by the congress in 2005 was enforced on December 20, 2013 by the Department of Homeland Security. It provides for the standards for issuance of a driving license and prohibits the Federal agencies from accepting licenses that do not meet these standards. The Act also stipulates that the states are required to develop driver’s licenses with a digital photograph and a fingerprint provision for security purposes. Implementation stages have been put in place for the actualization of this legislation. Despite the determination of many states to comply with this legislation, this paper looks at the states’ need to meet the standards set by the Real ID Act in an argumentative approach.
Compliance with the Real ID Act will reduce fraud and identity theft that has been rampant in many states. The security measures provided for by this act are: identity verification, data sharing, facial recognition and document authenticity that ensures that individuals only obtain one driving license and protects the owner of the card from being impersonated since the system will be able to identify the complete identity from the card. The data sharing measure allows for different states to share information concerning their drivers concerning commercial licenses which prevents drivers from owning multiple licenses from different states. Similarly, the Real ID concept also detects fraud and identity theft related to source documents used by people from different states (Citizen's Council for Health Freedom, 2008).
Delegate your assignment to our experts and they will do the rest.
On the qustion whether the Real ID Act presents an intrusion on the self-governacne rights with respect to individual states, there is a need to analyze the oversight role fo the federal governemnt. Ensuring that the states to comply with this Act is not overstepping the role of the federal government in the implementation of laws. Federal government control is exercised over different aspects of governance including taxes, education and other services. The issuance of identity cards and driving licenses to citizens is a need, which needs to be met at a countrywide level. Real ID will not interfere with the state’s right to self-determination since the federal government will control the states’ identification documents. By allowing the states to fund and implement this law, the states will be able to protect some of their right to privacy (Jay, 2011).
Does the federal government have legitimate interest in regulating driver’s license? The constitution offers for exclusive federal powers to the Federal government that are held by the states. This therefore gives the federal government the power to enforce exclusive laws. As in the case of McCullough v Maryland , the supremacy clause was addressed by the U.S Constitution. This landmark case explain the role of the federal government in relation to the states, especially concerning the exclusive rights of the federal government. The states are to receive military protection from the federal government as part of these responsibilities. Therefore, the provision of ID services by the federal government is an extension of this role through the enactment of the Real ID Act. This is because the security interests of the state are maintained through the implementation of this Act, which is provision of personal and social security of the United States citizens. Therefore, the Federal government has the power to regulate the driver’s licenses within the states of United States (Zuckerman, 2012).
In conclusion, the Real ID Act, while interfering with the sovereignty rights of the states provides a greater good application to the citizens of the United States. If this Act is enforced, security will be enhanced and fraud cases will be reduced. The Federal government has an interest in ensuring that our states are safe and free from terrorism. The states should invite this idea by complying with the standards provided for the federal government.
References
Citizen's Council for Health Freedom. (2008, April 25). Real ID - Violation of States' Rights . Retrieved from Citizen's Council for Health Freedom: http://www.cchfreedom.org/issue.php/39#.V1m7M3197Dc .
Jay, J. (2011). How Must America Balance Security and Liberty . Retrieved from Is It an Intrusion of States' rights: http://www.heritage.org/research/reports/2011/12/how-must-america-balance-security-and-liberty
Zuckerman, J. (2012, November 14). Real ID Compliance: Enhancing Security, Respecting Liberty, and Reducing Fraud . Retrieved from National Security and Defense: http://www.heritage.org/research/reports/2012/11/real-id-compliance-enhancing-security-respecting-liberty-and-reducing-fraud .
