On Wednesday, September 19, 2001, at 07:00 PM, Harmon Seaver wrote:
I recall there being fairly high, if not supreme, court decisions in the past confirming that you never have to identify yourself to the police. Other than when driving a car, of course, as that's a "privilege" not a right. So how are they going to force these mandatory ID cards on people?
(When I say "will require" I mean that other legislation will require that the libraries, companies, rental agencies, etc. inspect them. Those who don't have them simply won't be able to rent cars, use libraries, get driver's licenses, cash checks, etc.) 1. Libraries will require the card before giving access to public terminals (or perhaps even to books...) 2. Hotels, airlines, car rental and storage locker companies will require them. 3. States will require driver's licenses to be cross-linked with these ID cards. 4. Gun purchases, ammunition purchases, hunting licenses, fishing licenses, etc. cross-linked. 5. Use the banking system or money order/check-cashing systems in any way. Including filing taxes. ...and so on. It's unlikely that these ID cards will be demanded on the street ("Papers, please!"). But the cards can be mandated for nearly every other aspect of economic life. The Supreme Court will not have to even rule on these cross-linkings. It should be fine for someone to _not_ have such an ID card, provided he does not want to rent or buy a car, get a driver's license, buy ammunition, check into a hotel, rent a mailbox, open a bank account, cash a check, or file tax forms. None of them are cases where the state, ostensibly, is requiring names to be attached to writings or pamphlets. Nor are they cases where internal movement requires a passport. (These are some of the reasons past courts have thrown out mandatory identification laws.) Properly done, a cop will never have to demand the ID card, so the issue of it being mandatory becomes untested in courts (I'm speculating a bit here...). I'm not endorsing these moves, of course, just speculating on how the courts may acquiesce to such an ID card. And, of course, another 911-like event could make the Supreme Court reverse itself. --Tim May