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Old Jan 10, 2010 | 2:54 pm
  #274  
greentips
 
Join Date: Jun 2009
Programs: SSSSS
Posts: 867
Originally Posted by gsoltso
I have to go, but I wanted to give you a little something that I found interesting. It is pretty good summary and there are some links to other sites with even more information. Just some fun reading before I leave for the night. I will talk to ya'll later this weekend.

http://forums.tccoa.com/showthread.php?t=126579&page=2
Yes, I did find this interesting. After sifting through the variety of viewpoints, the gist of it seems to hang on the 9th Amendment Protections. In my reading, this amendment (enumeration of rights) is a serious restriction on the ability of the government to do something to us without our permission. IE government has zero authority, save that we give it, through Congress, the village council or the school board.

I agree with you that the 4th Amendment does permit a passenger attempting to board an airliner (public conveyance or private conveyance held out to the public) at a public airport (or a private airport acting as a public accommodation) to be searched in a very limited manner for a very limited and clearly identified purpose: WEI/aviation hazards.

Many have suggested if I don't like dealing with the TSA/DHS airport screenings, then don't fly. Walk or take the bus. I have my own ways of doing this, all sometimes more inconvenient and sometimes more expensive, but I agree there are alternatives.

So, now my question becomes, if I am denied access to a public conveyance in the furtherance of my personal business interests by being on a no-fly list, TIDE list, or some other list that a government official got a hair in his nose about (perhaps writing on flyertalk?), then how is this reconciled with the 14th Amendment? This amendment gives equal protection of the laws to all comers. The 14th Amendment does not permit the abridgment of privileges or immunities of citizens of the United States by the state. Nor does it allow the deprivation of life, liberty or property without due process of law.

If I am denied my property right of travel by aircraft to my destination timely, (property right by virtue of purchasing a contract for carriage), and the government cannot show that it acted with due diligence and with full regard for the law, when it refused passage, without due process of law, and forced me to take a bus, then it must be prepared to show me why it should not be held accountable for my losses.
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