The US Constitution was created under “positive grant.” This means that the Federal Government can only exercise powers that are specifically given to it by the Constitution – nothing more. The Tenth Amendment clearly restates and reaffirms positive grant:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Pretty simple, right? Right. If the power is not delegated to the Federal Government by the Constitution, then that power belongs to the states, or the people. It seems that the only people who could possibly confuse this one sentence are politicians, lawyers, and federal judges.
It’s worth repeating. If a power isn’t specifically listed in the Constitution, the feds can’t do it. Period. Let's get back to enforcing the Supreme Law of the Land. If you want a de facto national ID it should be a US Passport.
"Now that the May 11 deadline has become effectively meaningless, the next major deadline is December 31, 2009, at which point Homeland Security currently says it will require "certification that the state has achieved the benchmarks set forth in the Material Compliance Checklist."
In political terms, that's a long time--and a new presidential administration--away. Some opponents of Real ID are already predicting that no state will actually comply with the deadline, or, alternatively, the next administration will find a way to quietly dispose of Real ID without much fanfare."
CNet New-Declan McCullagh 4-02-08
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