In 2005, the United States Congress passed the Real ID Act, a law that established uniform standards for state-issued identification cards and provided regulation of a state function. The constitutional basis for this act can be found in the Supremacy Clause of the U.S. Constitution, Article VI, Clause 2. This clause states that federal laws, such as the Real ID Act, take precedence over state laws when there is a conflict.
The Real ID Act was enacted in response to the September 11th terrorist attacks, with the goal of enhancing national security by improving the reliability and accuracy of state-issued identification cards. The Act requires states to meet certain security standards for driver's licenses and identification cards, such as verifying the identity of applicants and storing personal information in secure databases.
One of the key provisions of the Real ID Act is the requirement for states to verify the legal presence of individuals before issuing them a driver's license or identification card. This provision aims to prevent undocumented immigrants from obtaining official identification documents, which could be used for fraudulent purposes.
In addition to enhancing security measures, the Real ID Act also includes provisions for the sharing of information between states and the federal government. This sharing of information is intended to prevent individuals from obtaining multiple driver's licenses from different states, which could be used to evade law enforcement or commit fraud.
Critics of the Real ID Act argue that it infringes on states' rights and privacy rights, as it imposes federal standards on state-issued identification cards. Some states have pushed back against the implementation of the Act, citing concerns about the cost and logistical challenges of complying with the new requirements.
Despite these criticisms, the Real ID Act remains in effect today, as states have gradually come into compliance with its provisions. The Act has been credited with strengthening national security measures and improving the integrity of state-issued identification cards.
Overall, the constitutional basis for the Real ID Act lies in the Supremacy Clause of the U.S. Constitution, which gives precedence to federal laws over state laws in matters of conflict. By establishing uniform standards for state-issued identification cards and providing regulation of a state function, the Act has played a significant role in enhancing national security and preventing identity fraud.
