privacy: May 2008 Archives

I leave tomorrow by plane to start my summer internship.  The only problem: I have no state issued government picture ID.  I used to have a driver's license but then I went to the NY DMV to get an official NY drivers license (I felt this was important since I might be driving in another state and I wanted to make sure everything was legal*)  but discovered that NY only issues you a paper temporary license and then mails the real license to you in the mail.  The paper temporary license has no picture.

Personally, I don't see why I need a picture ID to travel.  After all, Saenz granted travel within the 50 United States as a fundamental right and granted the Full Faith & Credit Clause to all citizens-- I have the right to go from state to state and have my federal rights follow me, regardless of the state.  NPR did a great story on a traveler who refused to show picture ID when he flew.  He did not like the idea that the government was tailing him, was distrustful of him and that the airline workers, who do not even work for the government, got to see all of his personal information.  Sure enough, he was able to fly without an ID, as long as he stuck to his guns and insisted on speaking with a higher up and did not refuse a manual search.

I looked into this.  Sure enough, the airline has the right to see a picture ID.  This is in the right of carrier contract.  However, the ID does not need to be government issued; for instance, the photo ID could be your Sams Club Card.  TSA also does not require ID, but does require searches.  So it looks like I really can fly without ID as long as I am willing to let TSA manually search every single thing in my suitcase and on my person.

However, while I know that I CAN do this, I'm not.  I don't want to spend 2 hours at the airport fighting with someone over my lack of picture ID.  It's just pure laziness on my part.  The fighting= more time at the airport.  I don't want to spend any more time in the airport than I have to.

My plan is this: I will present my photo student ID.  I will also have my birth certificate on me.  My social security card will be packed in my carry-on, along with other important documents.  If after showing them my picture ID, my birth certificate and other state issued documents they still won't let me fly, then I'll begin the legal arguments.  No way am I NOT getting on that plane because the NY DMV took my old license and didn't issue me a new one. 

* I am usually not so concerned with doing things the absolutely legal way, but when you take the BAR, you also have to take something called the Character & Fitness Test.  Essentially, you can't be a lawyer if you break the laws-- or certain kinds of laws.  I've already been arrested once (act of civil disobedience) and I just don't feel like taking any more chances. 

*** DISCLAIMER-- none of the information is legal advice but merely suggestions on important life issues.  Each state has their own regulations and statutes regarding issues of life support, incapacitation, care for children in unusual circumstances, health law and property distribution and you should consult an attorney about any and all legal matters. By reading this post, you are agreeing to not hold Subversive Soapbox, the authors and contributors of Subversive Soapbox and/or any affiliate of Subversive Soapbox liable for any and all actions arising out of this post.***

Anytime I have one of those moments when I think I may actually die, such as when in the middle of crossing the street, I see a car hurtling in my direction, I think about what would happen if I didn't die, but instead ended up in a persistent vegetative state.

If we have learned anything from the supreme court case, Cruzan v. Missouri and what happened with Terry Schaivo, we know that the State can substitute its judgment for the person in a vegetative state and determine what should happen to this person.  Just FYI-- the State has what courts consider, a legitimate and important interest in protecting life.  Many states also have a clear and convincing evidence standard-- clear and convincing meaning that the family must show sufficient evidence to prove the vegetative person's wishes.  For instance, does mentioning to a family member one day that you do not wish to stay on life support count as clear and convincing evidence? (answer is no-- and it cannot overrule the State's important and legitimate interest in protecting life).

I am very much for the right to bodily integrity and choice.  Whether you want to be kept artificially hydrated or want to die on your terms, I truly believe this is your liberty (as protected in the liberty provision of the due process clause of the 14th and 5th amendments of the United States Constitution) and that your liberty should be free from government intrusion.  I certainly know that I disagree with the State on many things and I sure as hell don't want the State to decide whether I remain on life support or not. 

If you feel the same way, I would like to remind you that you can create your own clear and convincing evidence by appointing a proxy and clearly stating your wishes ON PAPER and having your proxy keep them.  For those who do not know, a proxy is a person who will make life decisions for you-- the state views the proxy as a substitute for you. 

You can usually find this paperwork on your state's attorney general website.  If not, you can always find some universal form off the internet.  I highly recommend the forms drafted by Hospice.

Some tips:
1. The forms designed by the state will be more respected than generic forms off the internet.
2. Depending on your state, a proxy that is not a relative by blood or adoption can be considered to be invalid.  Your husband/wife can be your proxy; however, your significant other will sometimes be ruled invalid.
3. Write out your wishes for as many situations as you can think of: CPR, artificial nutrition, institutionalization, long-term care, organ donation, experimental treatments, electroshock therapy, life support, etc.  If you are female, you may also want to consider writing your wishes if you are pregnant.  For instance, if faced with the decision where it is your life or the fetus and you are incapacitated, what do you want to happen? 
4. Don't forget that you can make these wishes on your terms.  For example, if choosing between your life and a fetus, you can specify that before the third trimester, your life should be preserved but that the opposite is true at the start of your third trimester. 
5. If you feel that your state has some really wonky statutes around this kind of stuff, consult a lawyer.  A lot of times, lawyers will do this sort of thing for one flat price.

If you own property, you may also want to draft a living trust.  Since the most expensive thing I own is my bookbag, which cost a whopping $20 at an outlet store, I opted not to do this.  I figure my relatives can fight over the furniture I got off the side of the street. 

If you have children, you will definitely want to draft a living trust so that you can ensure the care for your children.  The State will most likely NOT look at your will-- a will is only examined AFTER your death.  Since you are not dead yet, the State does not need to respect the wishes in your will. 

Here's to good health and a happy life-- let's hope this never happens to any of us.  But just in case, let's make sure the State doesn't decide for us.