Originally Posted by
Section 107
I have to say I really like this post, it is one of the most cogent and succinct explanations of the problem. I agree with most of it although there are parts that could be more accurate (e.g., it is not only convicted criminals that suffer loss of rights/liberty as the accused typically also have their rights and liberties penalized, for one example).
As noted above, the right to travel does not include any guarantee of method, convenience or cost.
That's a specious argument at best for implementing an unwarranted, unnecessary, and ineffective restriction on freedom of movement.
The argument you make is valid when saying that one does not have the right to a product or service provided by a private party - i.e., one has no right to travel on someone else's private aircraft or through someone else's private property without the owner's permission, and without paying whatever compensation the owner demands.
However, the argument is meaningless when it comes to government restrictions or interference in the exercise of a right. There is no right to travel on someone else's aircraft without their permission and without paying them whatever price they set, but the government has no authority to prevent you or restrict you from traveling by any means you choose - including paying someone else to travel on their aircraft - without due process of law per the Fifth Amendment, applied to all people equally per the Fourteenth Amendment.
The ID requirement to board an aircraft is just such an unequally-applied infringement, applied as part of a blanket regulatory scheme without due process, and the Real-ID requirements are simply a more invasive, more onerous infringement, taking the violation of rights to a higher level.
ID doesn't matter. As I've said before, I don't care WHO a person is when they board a plane. All I care about is that they have been physically screened by the least invasive methodology necessary, in light of current technology, to detect the presence of WEI, confined in good faith to that purpose. Mandatory identity verification as a form of security or screening to board a common carrier is a completely ineffective - hence totally unnecessary - infringement upon the freedoms of movement and association. The more intense the identity verification, the more intense the violation of rights. Hence, the current ID requirements are wrong, and the Real-ID enhancements of those requirements is even wronger.