Written by Joe Wolverton, II, J.D.
This is a phrase that Americans should get used to hearing.
In April, the Department of Homeland Security (DHS) reportedly will begin enforcing the REAL ID Act, a measure requiring Americans to produce federal government-approved identification upon demand.
One of those states, however, has now backed out of the REAL ID program.
Ohio's Columbus Dispatch reports:
Ohio state officials take issue with Homeland Security’s demand that all relevant personal data, including birth certificates and medical records, be stored and shared with the federal agency.
The Buckeye State also rejected the federal government’s offer of facial recognition software that will scan license photos making it possible to track people forever, even if they change names or addresses. Of course, as this “one-person one license” standard is a federal program, every individual who carries a state-issued ID will be able to be tracked no matter where they go in the United States.
“The objection is that it’s not acceptable in many circles in Ohio to do facial recognition on everyone who comes in to get a license,” said Joe Andrews, spokesman for the Ohio Department of Public Safety, as reported by the Dispatch. “People have concerns we are trampling their rights if we do this,” Andrews added.
Remarkably, similar concerns have been expressed by lawmakers on Capitol Hill, as well.
In an op-ed published in the Washington Times last May, Senator Rand Paul (R-Ky.) evoked the images of dictatorships of the past and their citizen registration policies:
It is this refusal to go along with unconstitutional federal programs that James Madison recommended as a way to maintain state sovereignty.
States, Madison said in The Federalist, No. 46, possess a “means of opposition” to federal overreach: “refusal to cooperate with the officers of the Union.”
About 10 years later, Madison said that states have not only the right to resist encroachments of the federal government, but also an obligation to do so. “In case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them,” Madison wrote in the Virginia Resolution of 1798.
Article VI of the Constitution places state legislators under an oath “to support this Constitution.”
We, the people, must demand that our representatives in the state assemblies abide by their oath of office by refusing to enforce all unconstitutional acts of the federal government within the borders of the several states. This is the foolproof, fail-safe means of resistance known as nullification.
The first step in keeping the federal government from consolidating all power in Washington is to remember that any act of Congress, bureaucratic regulation, or executive order that exceeds the constitutional limits on federal power has no legal effect. States can — must — courageously refuse to enforce those acts using the historically, legally, and constitutionally sound principle of nullification.
Simply stated, nullification recognizes the right of states to invalidate any federal measure that a state deems unconstitutional. The right to nullify federal usurpations comes from the fact that the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the federal government to enact laws that are applicable to states and their citizens.
Although DHS refused to comment directly on Ohio’s decision (or that of the two dozen additional states that have enacted some degree of REAL ID-nullifying bill), a spokeswoman told the Dispatch that the Obama administration is “committed to working with each jurisdiction to support their efforts to meet its secure driver’s license requirements.” Finish article via TNA