Originally Posted by
WillCAD
1) The legal basis of the right to fly, as enshrined in US law, has already been listed in this thread. Arguing against it after it's already been put forth is just silly.
Please cite a court case that stated somebody has the "right to fly". What is constantly cited, 49 CFR part 27, is the right to equal access of air facilities for disabled people, it's not a right to fly. And the other section for a person to move through navigable airspace is not an inherent right to fly either.
Originally Posted by
WillCAD
2) The idea that the US doesn't recognize natural law and natural rights is just silly. It's enshrined in US law in the 9th Amendment, the intent of which can be clearly seen when you look at the Declaration of Independence, which was written by mostly the same people only 11 years earlier.
And the 9th Amendment was pretty much challenged successfully in US Public Workers vs Mitchell and Oklahoma vs Civil Service Commission no? The Federal government has the ability to restrain rights that are not specifically enumerated in the Constitution. Basically flying is a privilege, not a right.
Originally Posted by
WillCAD
TSA violates that concept on a regular basis, and has jumped through numerous legal hoops to prevent the specific methodologies of scope and grope screening from going before a federal court, which says to me that they are well aware of it's illegality and un-Constitutionality but are too scared to risk having it declared such in court.
And yet it occurs in airports everyday around the country in full view of Federal Courts that could put a stop to it with injunctions. I dislike the TSA as much as most people but around here but some of the folks on here are not doing any favors in getting it shut down with the usual hyperbole, misguided opinions, and relying on silly pithy statements from the UN.