Is traveling by air a right or a privilege?
Is an airline ticket a private contract between yourself and the airline?
Is an airline ticket a warrant?
Does the government have the right to poke, prod, grope, or x-ray us?
When the government insists on using these measures, is it not hindering our right to travel?
Is it executing its proper authority in keeping commerce regular, per Article 1, Section 8, Clause 3?
Or is it hindering commerce and travel among free people?
What is the difference between a Right and a Privilege?
"...a RIGHT is defined as a power, privilege, faculty, or demand, inherent in one person and incident upon another. Generally defined as "powers of
free action; something that you have the sovereign authority to do, because there is no higher authority to get permission from". -- Black's Law
To travel freely is not a privilege:
"a PRIVILEGE is defined as "a particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of
other citizens; a particular right, advantage, exemption, power, franchise, or immunity held by a person or class not generally possessed by others; a
temporary authority granted to you by someone of a higher authority". -- Black's Law Dictionary
"The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts
as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
"The constitutional right to travel from one State to another, and necessarily to use the highways and other instrumentalities of interstate commerce
in doing so, occupies a position fundamental to the concept of our Federal Union. It is a right that has been firmly established and repeatedly
recognized.... Although there have been recurring differences in emphasis within the Court as to the source of the constitutional right of
interstate travel, there is no need here to canvass those differences further. All have agreed that the right exists. " --U.S. v Guest, 383
U.S. 745 (1966)
"It is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually
unconditional personal right, guaranteed by the Constitution to us all."
-- Shapiro v Thompson, 394 U.S. 618 (1969)
But does this necessarily extend to Air Travel?
Privacy is not a privilege.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized." -- 4th Amendment to the Constitution
We have a right to be secure in our person, our own body. Our bodies are our property.
What justification gives government the right to arbitrarily, without warrant or cause, strip search us and violate our most intimate personal
Can we dismiss this guarantee of our rights for the mere promise of security?
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
--5th Amendment to the Constitution
If in conducting their illegal search, they happen upon some item, deemed criminal to have in your possession: can they charge you for it?
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." -- 9th Amendment
to the Constitution
Among these unlisted, but legally assumed rights are:
The right to travel freely.
The right of an expectation of privacy.
Protection from fraudulent, deceptive, or dishonest trade practices
The right to hold government agents or agencies civilly and criminally responsible for their actions.
-- Title 42 , Chapter 21 Subchapter 1, § 1983. Civil action for deprivation of rights
"If you will not fight for the right when you can easily win without bloodshed, If you will not fight when your victory will be sure and not so
costly, You may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be
a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves." ~ Winston
"If ye love wealth better than liberty, the Tranquility of servitude better than the Animating contest of freedom, go home from us in peace. We
ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that
ye were our countrymen."
~ Samuel Adams, speech at the Philadelphia State House, August 1, 1776
Great resource to learn about the Constitution: Michael Badnarik's Constitution Class!
edit on 21-11-2010 by Smack because: (no reason given)
edit on 21-11-2010 by Smack because: trying to get the youtube link
edit on 21-11-2010 by Smack because: youtube >
edit on 21-11-2010 by Smack because: last try on
edit on 21-11-2010 by Smack because: screw it. heres the bloody link.