The Buckeye State has given us yet another example of state-level non-compliance with unconstitutional federal acts.

According to a December 6, 2013 article in The Columbus Dispatch, the Ohio Bureau of Motor Vehicles recently abandoned their DHS-approved REAL ID compliance plan amid privacy and rights violations concerns. According to Ohio Department of Public Safety spokesman, Joe Andrews, state officials balked at the “one driver-one license” rule and at being required to store and share copies of personal documents, such as birth certificates.

Ohio is among a growing number of states that are refusing to comply with federal standards supposedly intended to toughen access to driver’s licenses.  With strong state resistance, the feds will have no way to implement their so-called law

The REAL ID Act of 2005 – Background

In 2005, George Bush and the republicans gave us the REAL ID Act, a blatantly unconstitutional national ID card program.  It was set to be implemented in on May 11, 2008.  The law stated that “a federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State … unless the State is meeting the requirements of this section.” That meant that in 2008, states were going to have to issue REAL ID-compliant, national-ID drivers licenses.

But, lo and behold, a number of states passed laws and resolutions rejecting the federal act.  New Hampshire, Maine, Utah and others – all made it clear they opposed it.  By 2009, half the states in the country would say “NO” to REAL ID.

On December 20, 2012, the Department of Homeland Security (DHS) determined that just thirteen states have met the standards of the REAL ID Act of 2005 (“Act”) for driver’s licenses and identification cards and has granted a temporary deferment for all other states and territories.”    [emphasis added]

A “temporary deferment” to a “suitable date thereafter” from an unconstitutional federal agency on an unconstitutional federal act that they haven’t been able to implement for over 5 years now?

Sounds like pretty empty rhetoric to me.  Apparently Ohio agrees.

But “all federal laws are supreme”, cry the ignorant federal supremacists.


Only laws made in pursuance of the Constitution – that is, in keeping with the powers enumerated to the federal government – stand as legitimate laws. All other acts are usurpation, and by definition null, void and of no force. When Congress passes and the federal government attempts to enforce an unconstitutional act, it breaks the supreme law of the land. That is, by definition, illegal. An illegal act cannot stand supreme. 16 Am Jur 2d, Sec 177 late 2d, Sec 256

Federal standards for identification are not authorized by the Constitution. It doesn’t matter whether they’re enforced through “laws” or economic “incentives” to the States. The politicians, by trying to force this on us without amending the Constitution to allow it, are showing utter contempt for states’ rights and the principles of the Tenth Amendment.

Bottom line: REAL ID violates the Constitution.


Get involved in a nullification effort in your area. Whether it’s REAL ID, NDAA, NSA, ACA or anything in between, you can make a difference.

Scott Landreth

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