OT Re: [ale] Big Brother Wins, We lose... From /. Real-ID Passes U.S. Senate 100-0

[Michael B. Trausch]

Randal Jarrett wrote:
> But would not setting standards of identification such as driver
> licenses come under 'Article 1 section 8' of the constitution?
> 
> "To regulate Commerce with foreign Nations, and among the several
> States, and with the Indian Tribes;"
> 

Yes, and no.

Technically, according to Constitutional Law, and the UCC, which governs
this sort of thing, the operator of a motor vehicle should only require
a license if operating for the sole purpose of commerce... e.g., a taxi
driver, or an officer of the law who is going to issue a ticket for a
traffic (e.g., commerce "among the several States").

Since this is the case, you can actually (if you're very careful and
exact) wiggle your way 100% out of having the following:

	- Speeding tickets
	- "No license" tickets
	- Car theft (because using the UCC you can prove that the "owner"
didn't actually own it anyway - you recieve a certificate of title which
"entitles" a person to the use of the vehicle which is really owned by
the governing authority, same as deeds, which is why the government can
repossess after death for someone that doesn't have a Will or next of
kin, or resell the house if property tax isn't paid...)
	- Just about any other traffic "violation".

Note that the above doesn't apply if you were being paid to operate the
vehicle at the time.  Commuting doesn't count, because you're not making
money for the drive, hence not carrying out commerce.

And yes, I've seen people get out of most of the above with the UCC
defence.  More speeding tickets then anything else, however, it
generally applies to all of them.

	- Mike

-- 
Michael B. Trausch                               <fd0man at gmail.com>
Website: http://fd0man.chadeux.net/     Jabber: mtrausch at jabber.com
Phone: +1-(678)-522-7934              FAX (US Only): 1-866-806-4647
===================================================================
Do you have PGP or GPG?  Key at pgp.mit.edu, Please Encrypt E-Mail!

-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 254 bytes
Desc: OpenPGP digital signature