FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Aug 21, 2011 | 2:07 pm
  #259  
PTravel
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Originally Posted by JumboD
But going back to the original question I was responding to, would I not be correct that the rights of non-citizens, for the purpose of airport screening, are protected by the Bill of Rights, rather than the 14th?
To the extent that airport screening is conducted by the federal government, yes, in that the 4th and 5th Amendments act directly on the federal government. However, if it was a state or municipal screening authority, it would still be the 4th and 5th Amendments, as selectively incorporated through the 14th Amendment, that constrains unconstitutional state and municipal government actions.
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