Bluff or Bluster: The Implications of REAL ID in SC
According to the government, you need a REAL ID to fly. According to others? It's just a bluff.
While the REAL ID Act has been in the news lately due to the TSA’s implementation of their “progressive enforcement” rule, REAL ID is nothing new. Elected officials have spent decades attempting to enforce it since the REAL ID Act was passed in 2005. Check out this three minute video of two commenters debating this issue in 2008 on MSNBC. Note how the commenter in favor of REAL ID uses 9/11 and “national security” as her reasoning (arguments we still hear today) and see how Jim Harper from the Cato Institute rebuts this argument:
The Strenuous ID Battle
In 2005, Congress passed a law requiring citizens to have a “National Identification card” and in 2008, the Department of Homeland Security required all state to abide by this law by mandating REAL IDs. More than half the state refused to obey the federal government by passing law prohibiting compliance or passing resolutions that were opposed. President Obama started the “you can’t fly” lie, which resulted in U.S. Senator Rand Paul sponsoring a bill in 2017 to repeal REAL ID which was unsuccessful. By 2018, most states were compliant with the federal law.
The Battle in South Carolina
The Palmetto State has had its own battle with REAL ID following the passage of the 2005 REAL ID Act. When DHS required stated to abide by the REAL ID Act in 2008, Governor Mark Sanford led the resistance against compliance and ultimately protected South Carolina from implementing REAL ID. Sanford sent a letter to the federal government that included arguments against the Act, requesting that South Carolina’s driver’s not be penalized when the law took effect.
Sanford's involvement with the REAL ID Act was part of a broader pattern of his advocating for limited government and challenging federal mandates, which was a consistent theme throughout his political career.
However, the REAL ID question resurfaced in 2017 when Mark Willis introduced H.3358 in the Statehouse that would bring South Carolina into compliance with the federal REAL ID Act. On March 2nd, 2017, Rep. Josiah Magnueson gave a powerful speech against H.3358, explaining how this digital ID violates the oath of office, encourages a police state, and is involuntary rendering it unconstitutional. H.3358 passed the House with 100 votes in favor and only 3 against (Reps. Magnuson, Hill, and Bedingfield), while the Senate passed the bill unanimously and was signed by newly promoted Gov. Henry McMaster on April 5, 2017.
De Facto National ID?
The REAL ID Act officially sets national standards for state-issued IDs, taking a huge step towards a centralized federal ID. These REAL IDs are marked by a gold star and implement a multi-state data-sharing system, key markings that resemble a de facto national ID. Even the ACLU has warned such mandates could pave the way for future requirements (i.e. needing REAL ID to vote, open bank accounts, or even attend events) raising legitimate concerns about privacy and government overreach.
Integrating the REAL ID is going to be a drain on tax dollars due to its complexity. States have spent billions to redesign cards and upgrade systems, all at the cost of the taxpayer. To obtain a REAL ID in South Carolina, you must have your birth certificate or passport, Social Security number, proof of address, and a $25 card fee.
Who is Behind REAL ID?
As expected, the mainstream media and every single supporter of the REAL ID Act (H.R. 418) explained that this was a necessary and reasonable response to 9/11. But who were the some of the actors behind this timely surveillance tactic? Let’s take a quick look:
U.S. Representative Jim Sensenbrenner (R-WI) who introduced the legislation in February 2005
former President George W. Bush and his administration (signed the REAL ID Act into law)
John McCain
Joe Wilson Sr. (R-SC)
Marsha Blackburn (R-TN)
Virginia Ann Foxx (R-NC)
Robert ‘Bob’ Inglis Sr. (R-SC)
Mike Pence
Devin Nunes
Several secretaries of the Department of Homeland Security (DHS) including Michael Chertoff, Jeh Johnson, John Kelly and Kirstjen Nielson
The Heritage Foundation
Center for Immigration Studies (CIS)
The Fraternal Order of Police
International Association of Chiefs of Police
Federation for American Immigration Reform (FAIR)
And so many more…
Why the REAL ID is Unconstitutional
If the Founding Fathers were to evaluate the REAL ID Act, they would likely express concern over its implications for individual liberty and state sovereignty. From the perspective of James Madison and Thomas Jefferson, the REAL ID would violate the principles laid out in the Tenth Amendment, which reserves to the states/the people any powers not explicitly granted to the federal government. A national identification standard that requires compliance in order to board a plane or enter a federal building would have been considered an overreach of centralized authority. They consistently warned against the dangers of a consolidated national government, fearing it would erode the delicate balance of power between the states and the federal system designed by the Constitution.
Furthermore, the Founders would likely view the REAL ID Act as an affront to the ideals of personal freedom and protection from unwarranted government intrusion. Benjamin Franklin famously stated that “those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” The notion of a federally coordinated ID system, with interconnected databases and strict verification protocols, would be seen as a gateway to surveillance and control which are tools historically abused by tyrannical governments. The Constitution was written to restrain such tendencies. To men like George Mason and Patrick Henry, requiring a citizen to show government-approved identification to travel freely within the nation would resemble the very forms of oppression they fought in 1776.
Your Options (According to the Government)
The good news? REAL ID isn’t mandatory. As of April 2025, over 1 million South Carolinians still did not have a REAL ID. South Carolinians can choose between:
Non‑compliant SC ID: Licenses labeled “Not For Federal Identification” remain valid for driving, voting, obtaining federal benefits, and daily use—but cannot be used at airports, federal buildings, or military bases after May 7, 2025.
Alternatives: A valid U.S. passport or military ID works for federal purposes without switching to REAL ID.
You can renew your standard SC ID at the DMV like before. But if federal access is needed, your options are upgrading to REAL ID, carrying a passport, or using any of these options when flying.
Your Options (According to those flying)
Several individuals across the United States have successfully made it through TSA with their regular ID for domestic flights. On Friday, June 27th, Evan Mulch flew out of a South Carolina airport without a REAL ID and instead opted to use his regular ID.
Several individuals commented on his post stating that they also have flown domestically with a regular ID without issues. Of course, this only applies to airports as others have stated that they still have to bring a passport if they want to get on military bases without a REAL ID.
Remember Jim Harper from the first video in this article? Well, he is still weighing in on this important issue. On May 14, 2025, Harper published an article entitled REAL ID Day After-Action Report: Stalemate. In his article, Harper explains that previous REAL ID enforcement history that leads him to believe that TSA will not enforce their new “standards”:
“In the coming weeks and months, travelers without federally compliant IDs will be able to access air travel. Selectively, perhaps, some travelers without REAL IDs will be turned away for saying the wrong thing to a TSA supervisor, for traveling while black, or some other unknown reason.”
Jim Harper concludes that when TSA does turn down one person, it will open TSA up to a lawsuit that will collapses its plans for a national ID. “A little focus on what the statute does from a judge trained to apply statutes as written will produce a ruling showing that TSA does not have the authority to turn travelers from compliant states away from airports.”
In the meantime, call your U.S. Senator and U.S. Representative and ask them to withdraw the TSA “progressive enforcement” rule and repeal REAL ID. It’s time America acknowledge its constitutional roots instead of leaning into a 1984 surveillance state.