Just four days after the General Assembly begins its 2016 session, Missouri citizens likely will begin having trouble using their state-issued driver's licenses to get into some federal government facilities.
The Associated Press reported just before Christmas that the federal Homeland Security department told Missouri officials the Show-Me State won't get another year's exemption from complying with the 2005 federal "REAL ID" law, which imposes tougher requirements for proof of legal U.S. residency in order for state driver's licenses to be valid for federal purposes.
Congress passed the law in 2005, as one of the national responses to the Sept. 11, 2001, terrorist attacks.
As the Homeland Security department notes on its website: "The REAL ID Act enacted the 9/11 Commission's recommendation that the Federal Government "set standards for the issuance of sources of identification, such as driver's licenses.'
"The Act established minimum security standards for state-issued driver's licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards."
But, Missouri in 2009 was one of a number of U.S. states - at one point approaching half the nation - that balked at the idea.
Missouri's General Assembly passed a law prohibiting the state from complying with the federal law.
State Sen. Rob Schaaf, R-St. Joseph, was a House member during the 2009 debate - and a key supporter of the bill that ultimately cleared the Legislature and was signed into law by Gov. Jay Nixon.
On Christmas Eve, Schaaf said in a Facebook post: "In 2009, as a state representative, I voted to prevent Missouri from putting our drivers license source documents on a (national) database and to prevent giving the federal government facial-recognition-quality digital photos of our citizens.
"At the time, we knew full well that we were eventually going to be on a collision course with the federal government. That day has come.
"Now, we can either stand as the sovereign state we are and refuse to cooperate, fighting whatever comes, or buckle under to a slowly restricting surveillance."
Lt. Gov. Peter Kinder, R-Cape Girardeau, is one of five Republicans seeking the governor's job this year.
He issued a news release last week urging lawmakers to stick with Schaaf's position.
"The real-world implication of a nationalized ID system, with biometric photo data that allows for long-distance identification and tracking of residents, is disturbing," Kinder said. "That's why in 2009 the Missouri General Assembly passed House Bill 361 to stand athwart the federal government's continued encroachment on Missourians' liberties."
Kinder said the federal effort to enforce the 2005 Congress-passed law "is disregarding Missouri law in violation of the 10th Amendment to the Constitution.
The Homeland Security letter to state officials said: "As we continue the phased-in enforcement of the Real ID Act, the consequences of continued noncompliance will grow with each milestone."
Kinder said: "That's an overt threat, to which I would say to the federal government, "We in Missouri are not interested in compliance with this kind of federal overreach.'"
Schaaf's Facebook comment said: "I intend to continue to fight for our privacy. Will the federal government really be able to withstand the backlash of refusing to allow Missourians onto (airplane) flights?
"This will be an emotional battle, but I hope we all realize that the discomfort we might suffer will be a small thing in comparison to the lives that were given so that we could enjoy our freedoms!
"It is time for all Missourians to step up!"
Neither commented on one aspect of the pending battle - the U.S. Constitution's Supremacy Clause, which says any conflict between state and federal laws must be resolved in the national government's favor and upheld by judges throughout the nation.
State Sen. Jeanie Riddle, R-Mokane, also was in the House when the 2009 Missouri law was passed.
"That was put in to protect the individual information of Missourians," she said. "We've got general counsel looking into that, now.
"I'm not an attorney, so I'm going to leave the final diagnosis on that to the people who study law and can give us a little better direction."
In its frequently asked questions on the website, Homeland Security noted: "REAL ID does NOT apply to the following:
• "Entering Federal facilities that do not require a person to present identification," such as a Post Office.
• "Voting or registering to vote.
• "Applying for or receiving Federal benefits.
• "Being licensed by a state to drive.
• "Accessing Health or life preserving services (including hospitals and health clinics), law enforcement, or constitutionally protected activities (including a defendant's access to court proceedings).
• "Participating in law enforcement proceedings or investigations."