How ID Cards might be made de facto mandatory, but not de jure mandatory

[Tim May]

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