In an email received from a government official it was stated;
“Although the constitutionality of such a list to deny air travel has come into question, the use of this list has generally been accepted since the Constitution does not guarantee the right to board an airplane. However, there are great concerns about using this same list to deny a constitutionally guaranteed right, such as the right to keep and bear arms.”
I must protest very earnestly! The No-Fly list is EASILY IDENTIFIABLE AS UNCONSTITUTIONAL, as well as a flagrant violation of our NATURAL rights. The right to travel has been recognized as a NATURAL right, long prior to the U.S. Constitution, is protected OUTSIDE the U.S. Constitution, and IS IN FACT PROTECTED BY THE U.S. CONSTITUTION!!! The protection recognized within the U.S. Constitution has precedent provided from various court cases. Not to mention the RIGHT recognized as a component of the Universal Declaration of Human Rights adopted by the United Nations. (Despite the fact that I abhor the United Nations Organization as a whole, we are unfortunately, currently a member of the organization, therefore it is relevant.)
From the United States Constitution’s recognition of United States citizens rights;
U.S. Constitution, Article IV, Section 2, Clause 1 : “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
Court Supported Precedence;
1982 case of Zobel v Williams, a majority of the U.S. Supreme Court agreed that the Privileges and Immunities Clause plausibly includes a right of interstate travel. In that case, Justice Sandra Day O’Connor explained:
“Article IV’s Privileges and Immunities Clause has enjoyed a long association with the rights to travel and migrate interstate. The Clause derives from Art. IV of the Articles of Confederation. The latter expressly recognized a right of “free ingress and regress to and from any other State,” in addition to guaranteeing “the free inhabitants of each of these states . . . [the] privileges and immunities of free citizens in the several States.” While the Framers of our Constitution omitted the reference to “free ingress and regress,” they retained the general guaranty of “privileges and immunities.” Charles Pinckney, who drafted the current version of Art. IV, told the Convention that this Article was “formed exactly upon the principles of the 4th article of the present Confederation.” Commentators, therefore, have assumed that the Framers omitted the express guaranty merely because it was redundant, not because they wished to excise the right from the Constitution. Early opinions by the Justices of this Court also traced a right to travel or migrate interstate to Art. IV’s Privileges and Immunities Clause….Similarly, in Paul v. Virginia, the Court found that one of the “undoubt[ed]” effects of the Clause was to give “the citizens of each State . . . the right of free ingress into other States, and egress from them….”
Kent v. Dulles, 357 US 116, 125:
“The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.”
Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941:
“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.”
Furthermore, only CITIZENS OF THE UNITED STATES OF AMERICA are protected by the United States Constitution. ILLEGAL ALIENS ARE NOT!!! If these individuals would like the benefits of being U.S. Citizens then they should do so through proper legal immigration methods.
This being recognized, any individual performing an ILLEGAL act is in violation of law regardless and since ONLY U.S. Citizens are protected by the Constitutions “Due Process” clause, ONLY ILLEGAL ALIENS should be applied to the No-Fly list without “Due Process”.
The fact that this unsupervised, unmoderated, unconstitutional, federal “check list” even EXISTS is flagrant violation of United States Citizens rights in general.
And your comment “the use of this list has generally been accepted” doesn’t make it accepted, appropriate, lawful, appreciated, or by any other means tolerable. APATHY IS NOT PERMISSION!
In closing let me remind you that we are NOT A DEMOCRACY!!! We are a CONSTITUTIONAL REPUBLIC. And I would recommend you become familiar with the difference.