Discussion: Constitutionality of BOS (Logan) BDO program
Aug 20, 2011 | 6:24 pm
#241
Join Date: Apr 2009
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Since the amendments refer to "people" without any specifications and restrictions, one would assume the protects apply to all people in the US.
Aug 20, 2011 | 6:38 pm
#242
Join Date: Apr 2005
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the preamble - the United States are exactly that, a collection of united States, the 'federal' only exists because the States agreed to be united.
Therefore, any reference to the State is a reference to the agreed united States.
(I am not an American however, natives may be able to explain this in a more fulsome way).
Therefore, any reference to the State is a reference to the agreed united States.
(I am not an American however, natives may be able to explain this in a more fulsome way).
Aug 20, 2011 | 6:43 pm
#243
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
That would be my assumption, though I didn't want to state it as fact lest someone with more knowledge than me point to another clause or perhaps court decision where a distinction is made. However it is still the 4th and 5th offering that protection when dealing with federal authorities, not the 14th.
Aug 20, 2011 | 6:47 pm
#244
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
the preamble - the United States are exactly that, a collection of united States, the 'federal' only exists because the States agreed to be united.
Therefore, any reference to the State is a reference to the agreed united States.
(I am not an American however, natives may be able to explain this in a more fulsome way).
Therefore, any reference to the State is a reference to the agreed united States.
(I am not an American however, natives may be able to explain this in a more fulsome way).
Aug 20, 2011 | 6:47 pm
#245
Join Date: Apr 2005
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That would be my assumption, though I didn't want to state it as fact lest someone with more knowledge than me point to another clause or perhaps court decision where a distinction is made. However it is still the 4th and 5th offering that protection when dealing with federal authorities, not the 14th.
Aug 20, 2011 | 6:53 pm
#246
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
Clearly the sentence, in its entirety, is referring to states making or enforcing laws in conflict with the U.S. Constitution, since federal law has previously been covered in other Amendments (4 and 5 in this particular case). While the first part of Section 1 discusses citizenship as it applies to both state and federal authorities, the second part of that section refers to state laws that are in conflict with rights granted by the federal government.
Aug 20, 2011 | 7:03 pm
#247
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Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
I'm wondering the same, since TSA is a federal agency. Now, if each State were to be in charge of its own airports' security, then you might have a claim. Section 1 of the 14th Amendment defines U.S. citizenship and also stipulates that no State may deny the right to life, liberty or property w/o due process to anyone under its jurisdiction, citizen or non. Based on this text alone, the federal government would appear exempt from that particular clause.
I cannot find anywhere that states whether any of the rights outlined in Amendments 1-10 (or beyond) apply differently to citizens vs. non, though I'll admit, I'm no constitutional scholar.
I cannot find anywhere that states whether any of the rights outlined in Amendments 1-10 (or beyond) apply differently to citizens vs. non, though I'll admit, I'm no constitutional scholar.
The 14th Amendment recognizes the same principle with respect to state government. The entire Bill of Rights, with the exception of a small portion of the 8th and, arguably the 2nd, has been extended to constrain state (and municipal) government through a process called selective incorporation through the 14th Amendment.
Aug 20, 2011 | 8:23 pm
#250
Join Date: Jul 2007
Location: NYC & Delhi
Programs: CO Pres. Plat, SPG
Posts: 546
You are not obligated to provide this information after you have been granted entry to the sterile area, but it appears that you must provide it until you have been granted access. If the question booth is between the TDC and the checkpoint exit, it seems one is required to provide this information and nothing more.
Last edited by marklyon; Aug 20, 2011 at 8:28 pm
Aug 20, 2011 | 8:28 pm
#251
Join Date: Sep 2010
Location: SJC
Programs: UA 1K
Posts: 1,628
You must provide your name, date of birth and gender pursuant to 49 CFR 1540.107(b)(2) when you make a request to enter the sterile area.
You are not obligated to provide this information after you have been granted entry to the sterile area, but it appears that you must provide it until you have been granted access.
You are not obligated to provide this information after you have been granted entry to the sterile area, but it appears that you must provide it until you have been granted access.
Aug 20, 2011 | 9:56 pm
#252
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
It says that you must provide that information when reserving an airline ticket, OR when attempting to enter the sterile area. It does not say you have to do both, and since everyone provides this when buying a ticket, I would say that there is NO requirement to provide that information at the checkpoint, if their basis for the request is 1540.107(b)(2).
Aug 20, 2011 | 10:02 pm
#253
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
You must provide your name, date of birth and gender pursuant to 49 CFR 1540.107(b)(2) when you make a request to enter the sterile area.
You are not obligated to provide this information after you have been granted entry to the sterile area, but it appears that you must provide it until you have been granted access. If the question booth is between the TDC and the checkpoint exit, it seems one is required to provide this information and nothing more.
You are not obligated to provide this information after you have been granted entry to the sterile area, but it appears that you must provide it until you have been granted access. If the question booth is between the TDC and the checkpoint exit, it seems one is required to provide this information and nothing more.
Aug 21, 2011 | 9:14 am
#254
Join Date: Mar 2009
Posts: 1,972
You must provide your name, date of birth and gender pursuant to 49 CFR 1540.107(b)(2) when you make a request to enter the sterile area.
But has anybody noticed that there's a problem here? The regulation says "gender", but then says it has to agree with what's on the identify document. But those documents don't list gender, they list sex. Those are not the same for everybody!
Aug 21, 2011 | 1:02 pm
#255
Join Date: Dec 2010
Location: Monterey Bay Area
Programs: Independent Libertarian
Posts: 326
Non-Verbal Response!
You must provide your name, date of birth and gender pursuant to 49 CFR 1540.107(b)(2) when you make a request to enter the sterile area.
You are not obligated to provide this information after you have been granted entry to the sterile area, but it appears that you must provide it until you have been granted access. If the question booth is between the TDC and the checkpoint exit, it seems one is required to provide this information and nothing more.
You are not obligated to provide this information after you have been granted entry to the sterile area, but it appears that you must provide it until you have been granted access. If the question booth is between the TDC and the checkpoint exit, it seems one is required to provide this information and nothing more.
I agree you must provide this information BUT I do not interpret it to mean that you must verbally state the information. Does anyone? 