Does the Real ID act contain a Constitution-busting Trojan horse?

Was EVERYONE just asleep on this one?

The big news of the past two days is the impending passage of the Real ID act. I’m going to spare you any kind of detailed analysis of the ID and database aspects of this bill for two reasons a) they’re already covered very well in sources I’ll list below, and b) this bill contains a truly bizarre provision that caused a run on tinfoil hats in the blogosphere when it was first introduced, but has now dropped out of all coverage of this bill that I’ve read so far. (You’d think a clause that uses an obscure and never-before-invoked part of the Constitution to place the secretary of DHS above both the Supreme Court and the Constitution itself would get more coverage, but more on that in a moment.)