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Requiring ID to exercise a constitutional right

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+16 more 
posted on Jan, 26 2017 @ 09:56 AM
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So my question for the ATS community is this: Is it ok/right/legal for the government to require ID from a citizen in order for that citizen to exercise a constitutional right.

On the surface it would seem that this is an easy answer. On a site like ATS I would almost expect everyone to say "No, it is not alright for the government to require ID from us for constitutional rights!". I also would say it is not acceptable.

But its not an easy answer... or is it? I don't know.

The strict constitutionalist inside me says no, but all around me I see that it is. Lets look.

Right to free speech: Most would say you don't need ID for free speech, but do you? The big city near me requires insurance to hold a protest, it doesn't need to be in everyone's name and not everyone has to show ID. But someone does, and they'll need money too. What if you live in a state that requires you to produce ID at request of law enforcement?

Right to freely travel: There's no right to drive per-say so I'm not sure if drivers licenses are a good example but we do accept them. What of the states that require you to show ID at request of law enforcement, does that count?

Right to bear arms: All states require ID for this one. Some say it's good, some say it's bad, lots of debate.

Right to vote: Lots of debate here, not sure if any states require it yet. edited to add: thanks Woodcarver, 34 states require it.

I'm sure there are many other examples, hopefully some of ya'll will post them.

So, is this an easy question? Should the requirement for ID be banned for any constitutional right or is it an acceptable restriction?


XTexan
edit on 26-1-2017 by XTexan because: formatting

edit on 26-1-2017 by XTexan because: (no reason given)



+46 more 
posted on Jan, 26 2017 @ 10:01 AM
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a reply to: XTexan

How would they know you are a legal citizen with constitutional rights if you can't prove it?


+7 more 
posted on Jan, 26 2017 @ 10:03 AM
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a reply to: XTexan

An ID is something provided by the government.

In order to exercise any number of rights, you need government to provide you with the means to exercise your rights.

Therefore, government allows you to exercise your rights.



0_o


+9 more 
posted on Jan, 26 2017 @ 10:05 AM
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Flying on a plane requires a photo ID...

If I'm not on your plane your ID has nothing to do with me yet I support the airline checking the IDs of every person on every plane…

Voting, on the other hand, affects me and every other citizen so why not make sure they are who they say they are…

is easy to get a photo ID if u can't get a drivers license…

What is the logic in requiring a photo ID for plane travel but not for voting???

-Chris



posted on Jan, 26 2017 @ 10:07 AM
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a reply to: XTexan

34 states already require a picture id to vote.



posted on Jan, 26 2017 @ 10:07 AM
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a reply to: Christosterone

If voter ID restricts voting rights (as many state). . .


then wouldn't FOID cards restrict gun ownership rights?



posted on Jan, 26 2017 @ 10:08 AM
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At some point our hand will be forced and we will have to make the choice between liberty and security. That is, if the govt doesn't make the choice for us.

Me? I'm rolling with Braveheart.




posted on Jan, 26 2017 @ 10:08 AM
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a reply to: InTheLight
a reply to: DBCowboy

Both legitimate answers.
Is it a right if the government can deny it?
Is it a right to have an ID? If so, can you force someone to exercise a right?


+8 more 
posted on Jan, 26 2017 @ 10:09 AM
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Seeing as many constitutional rights apply to citizens and not not citizens, I think proving you're citizen for those rights where citizenship is a core component of that right, like say, voting, is appropriate.



posted on Jan, 26 2017 @ 10:10 AM
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originally posted by: XTexan

Is it a right if the government can deny it?


No.

It then becomes a privilege.



posted on Jan, 26 2017 @ 10:10 AM
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It's not an easy question, though it should be.

If the government is divided on the issue, the same will go for the people.

In the end, for the Constitution to be valid, one must stand and be counted in support of it. With so many people, there must be a way to count those for or against, there must also be a way to verify that those in attendance rightfully have a vested interest in those decisions.


It just goes on and on from there.

Way down that line, we find our present situation.



posted on Jan, 26 2017 @ 10:10 AM
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The way the constitution reads; those rights belong to everyone, because they're human beings, and those rights outlined therein are ones upon which the government is forbidden to trod.

It may provide the definition of what makes a citizen, but never does it claim only citizens have those rights.



posted on Jan, 26 2017 @ 10:17 AM
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ID's should be required because they are proof that you fall under those Constitutional rights.

I can't think of any good reason why anyone would be against requiring ID's to vote.



posted on Jan, 26 2017 @ 10:17 AM
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a reply to: Puppylove

If someone vists from say... France. They are not a citizen, are they given rights? We do pick and choose, I imagine they get a lawyer, but no guns or voting. Is this covered via treaties? Or is it a case by case basis? Just curious.

Does the bill of rights or constitution, expressly state that the rights included in the bill of rights only apply to citizens?

edit on 26-1-2017 by XTexan because: (no reason given)



posted on Jan, 26 2017 @ 10:17 AM
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requiring an I.D. to vote isn`t so bad,it could be worse they could require an I.D. , a 7 day waiting period, a background check and a lot of other intrusive stuff, to exercise your right to vote.

It`s all or nothing if they are going to require I.D. to exercise one right than they have to require I.D. for all rights otherwise they are denying or abridging some rights to some people while giving full rights to everyone.

why is it that some people and politicians are so strongly opposed to requiring I.D. to vote but they have no objections to requiring an I.D. to keep and bear arms?
there are no degrees of rights it`s either a right or it`s not so they should all be treated equally.they should all either have restrictions or none of them should be restricted.



posted on Jan, 26 2017 @ 10:19 AM
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a reply to: XTexan


So my question for the ATS community is this: Is it ok/right/legal for the government to require ID from a citizen in order for that citizen to exercise a constitutional right.


in order to have constitutional rights, you have to be a U.S. citizen. two ways that can happen being born one, or become one through the naturalazion process.

in both instances there is usually a record in your state. how else can you prove you are a citizen without a ID. people lie all the time and others will lie for them so taking someones word as proof is just plain old bullsh@@. you have to have documentation.


edit on 26-1-2017 by hounddoghowlie because: (no reason given)



posted on Jan, 26 2017 @ 10:20 AM
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The constitution states that voting is only for legal Citizens of the US.



posted on Jan, 26 2017 @ 10:22 AM
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a reply to: XTexan

When you obtain an ID or DL, at the DMV....YOU ALSO HAVE THE OPPORTUNITY TO REGISTER TO VOTE.

Why don't some people want everyone to have an opportunity to register to vote (in person, too, with ID)?

I can think of a few reasons.



posted on Jan, 26 2017 @ 10:22 AM
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a reply to: hounddoghowlie

I asked this to another poster, but I'll ask you as well because I like varied opinions.

Does the constitution or the bill of rights expressly state that the bill of rights only apply to citizens, if so can you or someone else link and/or quote?



posted on Jan, 26 2017 @ 10:23 AM
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a reply to: XTexan

Some yes, some no. Some rights are simply for being human, some are for being a citizen. Should that visiting French man be allowed to vote in our elections? No, obviously not. The right to vote is however guaranteed to every CITIZEN in the United States. Some things are just basic common sense. Proving you're an actual living citizen before you vote should not only be a matter of common sense, it's actually a matter on national security.

As I said some rights are directly connected to citizenship, and some are not.



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