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Wednesday, May 04, 2005

'Real ID' Measure Generates Excitement in Washington

Posted by a4g @ 5/04/2005 07:15:00 AM

As the Real ID measure inches closer to final inclusion in the supplemental appropriation, the buzz in Washington is becoming palpable. The measure, which would prohibit states from issuing drivers licenses to anyone other than legal residents of the US, has illegal immigration opponents understandably hopeful.

But Point Five has learned that the real action is happening outside the fevered negotiations in the halls of Congress.

To become law, the measure has to go through several steps. Introduced by Rep. Sensenbrenner, the bill passed 261-151. A non-starter in the Senate, the bill was then ridered onto the supplemental appropriations bill, and sent to the Senate, where it is currently being debated. After emerging from a conference committee, where the final text of the bill will be created, Congress will send the bill to the President, where the bill can be signed, or vetoed. After the Presidential signature, the bill becomes law. The new law is then sent to the Supreme Court, where the law is overturned as unconstitutional.

It's in the halls of the Supreme Court that the real Washington action has coalesced around the Real ID act. Court insiders and commentors in-the-know are furiously speculating in what way the Supreme Court will strike down the bill once it becomes law. Current favorites include:
  • The 'First Amendment Gambit ': Favored by Justice Ginsberg, the First Amendment is a perennial favorite of the nation's highest court. Broadly protecting everything distasteful from pornography to Nazi parades, the first amendment can be applied in almost any judicial "action". About the only things this "Swiss army knife in the judicial toolkit" doesn't cover are political speech and religious expression, so the Real ID bill could definitely see defeat on first amendment grounds.
  • The International Option: Favored by Justice Kennedy, this line of legal attack would specifically involve invoking the 12th Century Loi concernant donner les permis de conducteur partis aux √©trangers ill√©gaux, a French law found scrawled in the margins of an early text generally considered a forgery. According to a constitutional law speech given earlier this month by Kennedy on the Loi's application to Real ID, "it's good enough for me." (As always, the ever-jocular Kennedy finished his speech with the homespun trademark that's made him a household name, "Go fuck yourself, America!")
  • Bitch Slap: Hardliner Justice Scalia always prefers the Bitch Slap reasoning, wherein the majority opinion applies a relentless pummeling of thousands of Latin legal terms to daze and bloody the hapless reader. The nonstop beating throws opponents off guard, while the liberal use of Latin confuses the issue sufficiently to ensure the cry of "Uncle!" midway through any reading. An actual legal finding is therefore unnecessary.
  • Imperial Fiat: The Fiats from Italy never used to work, but the ones from the SCOTUS are hammerblows to the spine. Like a roundhouse kick to the face, no law can withstand the black-robed star chamber when it rises in a fury of destructive malice. This is the odds-on favorite among the intelligentsia. No minority opinion. No majority opinion. Just a few well-considered secret arrests and a stiff broomhandle up the poopchute of the American people.

We'll be monitoring the progress of the Real ID bill as it continues on its journey to irrelevance.

UPDATE: Spoons is discussing the constitutional angle.
UPDATE II: Thanks to Mudville Gazette for the forum.
UPDATE III: Michelle Malkin has photos from an anti-Real ID rally. Silly illegals, don't you know the Supreme Court already has this handled?


Comments are open and unmoderated.
Abusive, hateful or irresponsible comments were probably posted by one of the contributors.
At 5/04/2005 06:44:00 PM, Anonymous Anonymous ...
You guys are just stupid. You think you're so smart because you win an election ans want to make all the laws. But you can't because we don't live in a democracy. We live in a republic were the majority can't just make all the laws just because they won the election. They have to learn to compromise.
At 5/04/2005 07:43:00 PM, Anonymous Speling_Bee ...
The word is democricy, asshat. And BTW, comprimise, not compromise.
At 5/04/2005 07:43:00 PM, Blogger a4g ...
Let's cool it with the poor spelling, people, and get back to cussing.
At 5/04/2005 07:47:00 PM, Anonymous Fudgesicle ...
Wow man, that was f***ing amazing! I read it and I was like wow. That was freaking insane. It just like opened my mind.

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