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A Pennsylvania Success Story

By on May 10, 2012 in Announcements 0

In the 2007/2008 legislative session, PA State Senator Folmer and 15 other Senators sponsored SB1220, “An Act relating to compliance with the Federal REAL ID Act of 2005 and other laws involving biometric and economic privacy”.   Representative Sam Rohrer, and more than 90 other representatives sponsored HB1351.  Some of those representatives (including one of our favorite Supremacy Clause advocates) discuss the legislation in this 2008 video:

Neither bill passed.

In the 2009/2010 legislative session, similar legislation was introduced as HB1443 and SB621.  These also didn’t pass.

In the 2010/2011 session, Senator Folmer introduced SB354 and Representative Keller introduced HB1783.  Continue Reading →

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Pennsylvania Legislature Overwhelmingly Passes Real ID Nullification. Governor’s Signature Next?

By on April 3, 2012 in News 0

Last October, the Pennsylvania Senate voted unanimously to refuse to comply with the Bush era Federal Real ID law by passing SB354. Today, the House concurred, passing it by a vote of 189-5. Senator Mike Folmer (R, district 48) announced passage on his Facebook page,

“I am especially pleased my Senate Bill 354 to exempt Pennsylvania from the mandates of the federal REAL ID law was passed by the full House 189 – 5. If signed by the Governor, Pennsylvania would be the largest state to opt out.”

This legislation states,

Neither the Governor nor the Department of Transportation or any other Commonwealth agency shall participate in the REAL ID Act of 2005 or regulations promulgated thereunder.

and if Governor Corbett signs it, it will take affect in 60 days. Continue Reading →

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Action Alert: Kill REAL ID in PA!

By on October 11, 2010 in State Sovereignty 1

I received this message in e-mail from a friend of the Tenth Amendment.


What: Three bills were introduced into the Pennsylvania Senate as a privacy protection package by Senator Mike Folmer(R), District 48, over one and a half years ago. One of those bills, SB 621, The REAL ID Nonparticipation Act, to prohibit implementation of Real ID in Pennsylvania was unanimously passed on June 15 by the full Senate and sent to the PA House Transportation Committee. That committee amended the bill, then passed it unanimously on Sept 13 and referred it to the House Appropriations Committee where it sits. Time is very short. The last House session day for the 2009-2010 Assembly session is only six weeks from today, and there are only 7 more meetings scheduled for Appropriations. Continue Reading →
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10th Amendment and illegal memorandums of understanding

By on July 9, 2010 in Sovereignty Movement, State Sovereignty 1

State Rep. Paul Opsommer (R-DeWitt) announced today that with HJR YY and SJR Y not making it onto the ballot that he would be introducing a statutory version of the federalism bills as a backup to keep the issue moving.

“It is disappointing that we could not get this needed law onto the ballot, especially with what a bad year it has been for federal overreach,” said Opsommer. “But based on the events of this week it is now more clear than ever that the Legislature needs a better way to enforce the 10th Amendment.” Continue Reading →

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PA Senate Unanimously Votes to Nullify Real ID

By on June 17, 2010 in Nullification, Sovereignty Movement 8

Real IDIntroduced in the Pennsylvania Senate last year, Senate Bill 621 (SB621) was finally brought to a floor vote this week, and passed unanimously, 50-0.

The bill would make law that “Neither the Governor nor the Department of Transportation or any other Commonwealth agency shall participate in the compliance of any provision of the REAL ID Act of 2005 OR REGULATIONS PROMULGATED THEREUNDER.”

The 2005 Real ID Act created national standards for driver’s license and identification cards and opponents have been resisting it for various reasons – it’s a privacy risk, forces states to bear the financial burden, and is not authorized by the constitution.

“REAL ID was implemented by the federal government as a way to protect Americans from terrorists, but I believe it will redefine privacy as we know it and create a mountain of new bureaucracy and increase fees and taxes — without making us any safer,” said Sen Mike Folmer, the bill’s primary sponsor, in a news release.

States were originally given until May 2008 to comply with the law, but widespread state-level resistance resulted in the Federal Government changing that deadline not once, not twice, but three times.

When more than two dozen states refuse to comply with yet another unfunded mandate from D.C. – that mandate may sit on the books, but it’s as good as repealed, even without going to the federal courts to oppose it.

And, while the centralizers would certainly like to see their plans revived – either in Real ID itself, or in its latest incarnation, TWIC – the bottom line remains the same…nullification works.

CLICK HERE – to view all current Real ID nullification legislation

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Utah Governor Signs Law Nullifying Real ID

By on April 5, 2010 in Nullification, Sovereignty Movement 8

Real IDIn 2005, the Republican-controlled Congress passed the “Real-ID Act” – which created national standards for driver’s license and identification cards. Opponents across the political spectrum have been resisting it for various reasons – it’s a privacy risk, is yet another unfunded mandate, and most importantly, the exercise of such federal power is not authorized by the constitution.

Starting in early 2007, states began passing both non-binding resolutions opposing the law, and binding legislation which nullified the act within the state borders. The latest to join resistance? Utah, and the current tally is 25.

House Bill 325 (HB325) has been signed by Governor Gary Herbert, and addresses the most glaring problems with the Real ID Act:

The Legislature finds that the United States Congress’ enactment of the REAL ID Act into law:

(a) is inimical to the security and well-being of the people of this state;
(b) will cause unneeded expense and inconvenience to the people of this state; and
(c) was adopted in violation of the principles of federalism contained in the Tenth Amendment to the United States Constitution.

The Utah legislature passed House Resolution 4 (HR4) in 2009, which was a non-binding resolution making clear that the legislature opposed the law. Supporters of HB234 see it as a logical follow-up to the resolution passed last year.

The bill prohibits the State from complying with the law:

(3) (a) The state may not participate in the implementation of the REAL ID Act.
(b) The division:
(i) may not implement the provisions of the REAL ID Act; and
(ii) shall report to the governor any attempt by an agency or an agent of the United States Department of Homeland Security to secure the implementation of the REAL ID Act.

States were originally given until May 2008 to comply with the law, but widespread resistance resulted in the Federal Government changing that deadline not once, not twice, but three times.

“Trouble” – that’s what advocates of centralized government say about the law that has been effectively nullified by massive State-level resistance.

When more than two dozen states refuse to comply with yet another unfunded mandate from D.C. – that mandate may sit on the books, but it’s as good as repealed, even without going to the federal courts to oppose it.

And, while the centralizers would certainly like to see their plans revived – either in Real ID itself, or in its latest incarnation, TWIC – the bottom line remains the same…nullification works.

CLICK HERE – to view the Tenth Amendment Center’s Real ID nullification tracking page.

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Papers Please! National ID will be a part of “immigration reform”

By on March 11, 2010 in News 2

real-idIt looks like another hot button issue will be coming to the forefront of American politics this year as the Senate is planning on tackling immigration. You may recall that President George W. Bush tried to tackle this issue with the Democratic-controlled Congress in 2007. The proposal, sponsored by Sen. John McCain (R-AZ) and Sen. Ted Kennedy (D-MA), was meet with fierce opposition by conservatives and Republicans and ultimately defeated.

Reform that makes it easier for immigrants to come to seek the American Dream, should be welcome. Unfortunately, much of the opposition (though not all) was rooted in xenophobia, nativism and, in some cases, racism. Because of this there was no opportunity to have a substantive debate on the points of the bill, such as provisions of McCain-Kennedy dealing with REAL ID, which was a defacto national ID card approved by Congress in 2005.

According to the Wall Street Journal, Sen. Chuck Schumer may be incorporating a biometric national ID card in his proposal:

Under the potentially controversial plan still taking shape in the Senate, all legal U.S. workers, including citizens and immigrants, would be issued an ID card with embedded information, such as fingerprints, to tie the card to the worker.

The ID card plan is one of several steps advocates of an immigration overhaul are taking to address concerns that have defeated similar bills in the past.

The uphill effort to pass a bill is being led by Sens. Chuck Schumer (D., N.Y.) and Lindsey Graham (R., S.C.), who plan to meet with President Barack Obama as soon as this week to update him on their work. An administration official said the White House had no position on the biometric card.

No doubt many conservatives and Republican support a national ID. In fact, the Heritage Foundation promoted REAL ID. The fact that there is no constitutional basis for a national ID or the obvious concerns for privacy don’t seem to stop the conservatives for clamoring for it.

Separately, you have to wonder why Democrats are trying to touch on so many controversial issues in an election year. You may say that this is bipartisan, and I would agree, but Democrats are basically handing another issue for the Republican base to unite in opposition to. We’ll be seeing anti-immigration tea parties before the summer break.

cross-posted from UnitedLiberty.org

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Another Nail in the Coffin: Utah Considers bill to Reject Real ID

By on February 9, 2010 in Nullification, Sovereignty Movement, State Sovereignty 2

Real IDIntroduced in the Utah Legislature is House Bill 234 (HB234), which if passed, would prohibit the state from “participating in the implementation of the REAL ID Act of 2005.”

Real ID created national standards for driver’s license and identification cards and opponents have been resisting it for various reasons – it’s a privacy risk, forces states to bear the financial burden, and is not authorized by the constitution.

HB234 addresses much of this:

The Legislature finds that the United States Congress’ enactment of the REAL ID Act into law:

(a) is inimical to the security and well-being of the people of this state;
(b) will cause unneeded expense and inconvenience to the people of this state; and
(c) was adopted in violation of the principles of federalism contained in the Tenth Amendment to the United States Constitution.

The Utah legislature passed House Resolution 4 (HR4) in 2009, which was a non-binding resolution making clear that the legislature opposed the law. Supporters of HB234 see it as a logical follow-up to the resolution passed last year.

States were originally given until May 2008 to comply with the law, but widespread resistance resulted in the Federal Government changing that deadline not once, not twice, but three times.

More than two dozen states have passed resolutions or binding laws opposing the act, rendering the Bush-era law nearly null and void in practice. Bottom line? Nullification works.

CLICK HERE – to view all current Real ID nullification legislation

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Mark Sanford to Janet Napolitano: No Real ID!

By on December 15, 2009 in Sovereignty Movement, State Sovereignty 4

realid-2In a letter sent last week, Governor Mark Sanford both updated Homeland Security Secretary Janet Napolitano on South Carolina’s progress in making the state’s driver’s licenses more secure, and reiterated the administration’s strong concerns that the federal REAL ID law represents both an infringement on constitutional liberties and an unacceptable cost burden to the states.

“Given that our state’s driver’s licenses continue to be among the most secure in the nation, we remain skeptical of claims that REAL ID or PASS ID is the safest and wisest route for our state and country. While attempts to contain some of the costs associated with REAL ID in the recently amended legislation are commendable, this federal mandate still infringes on liberty and privacy rights, and in this case, discretion and caution indeed seem the better part of valor.

So for that reason, and for the fact that our state law currently prevents South Carolina from complying with REAL ID, we will continue to stand out from under this unfunded federal mandate.”

Click here for a pdf version of the full letter

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Nullification at Work: Real ID Squeeze Will Ease

By on December 14, 2009 in Nullification 10

Another indicator of victory for state-level nullification – the 2005 Real ID act was originally to be implemented in early 2008, and today, it’s still in limbo. Going on 2 years later, with more than two dozen states passing laws and resolutions denouncing or flat-out refusing to comply – and D.C. has no choice but to continue backing off.

Here’s what expert consumer travel writer, Charlie Leocha, has to say:

I reported last week that Janet Napolitano, Secretary of Homeland Security, refused to say she would announce an extension of the present waivers for states that have not complied with the Real ID Act. Without an extension of these waivers, Americans from perhaps 36 different states would not be able to enter federal buildings or fly because their ID didn’t meet national specifications.

My word from Washington is: “Don’t worry.”

After speaking with experts at an FTC roundtable on privacy yesterday, the word on the street is that the Department of Homeland Security (DHS) said immediately following last week’s committee hearing that they will extend the waiver if they have to.

Click here to view a full list of all Real ID nullification legislation.

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