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 Post subject: Re: Re:
PostPosted: Mon Nov 22, 2010 12:51 pm 
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Hopwin wrote:
Müs wrote:
"No man has ever touched me that way before. I... I think I love you. We should fly away to Vermont where its legal to marry!"

Start singing,

"Love lift us up where we belong
Where the eagles cry on a mountain high
Love lift us up where we belong
Far from the world we know, up where the clear winds blow"


That would almost be worth doing, if I wouldn't get fined or arrested for it.

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PostPosted: Mon Nov 22, 2010 12:54 pm 
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Tell them it's your constitutional right.

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PostPosted: Mon Nov 22, 2010 12:55 pm 
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I could probably plead the 7th.

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PostPosted: Mon Nov 22, 2010 1:48 pm 
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Vindicarre wrote:
TheRiov wrote:
re: Saenz v. Roe & Kent v. Dulles ...Right to Travel != Right to fly. Just because you can move from place to place its still quite reasonable to impose some restrictions on methods of travel.

Some restrictions /= not allowed. I'm sorry you're willing to give up your rights so easily, I'm not.

I guess I'll just chalk the 5-7 miles bit up with the 9 times as much PAC contributions.

viewtopic.php?f=8&t=4567&start=75
Be my guest. Just because I don't find a cite for you doesn't make the statement factually untrue.

Quote:
edit: So with your edit, you're saying:
That the "restrictions" under which you're allowed to fly are forfeiture of your Constitutional Rights, sorry that doesn't work either.


*yawn* you accept restrictions when you fly. You also have to obey flight attendents, not smoke, not carry a gun, not distract the pilot by staging a protest, etc. you can't do all sorts of constitutional protected activities. You also can't stop traffic with a prayer or paint over signs with your free speech. Reasonable restrictions are a fact of life.


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PostPosted: Mon Nov 22, 2010 3:28 pm 
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TheRiov wrote:
Vindicarre wrote:
TheRiov wrote:
re: Saenz v. Roe & Kent v. Dulles ...Right to Travel != Right to fly. Just because you can move from place to place its still quite reasonable to impose some restrictions on methods of travel.

Some restrictions /= not allowed. I'm sorry you're willing to give up your rights so easily, I'm not.

I guess I'll just chalk the 5-7 miles bit up with the 9 times as much PAC contributions.

viewtopic.php?f=8&t=4567&start=75
Be my guest. Just because I don't find a cite for you doesn't make the statement factually untrue.

Except your statement is factually untrue. Some nebulous "advocacy group" does not equate to a PAC.

TheRiov wrote:
*yawn* you accept restrictions when you fly. You also have to obey flight attendents, not smoke, not carry a gun, not distract the pilot by staging a protest, etc. you can't do all sorts of constitutional protected activities. You also can't stop traffic with a prayer or paint over signs with your free speech. Reasonable restrictions are a fact of life.

You may yawn all you like regarding your Liberties, I don't take them so lightly. Restrictions on actions when flying /= no flying for you if you don't want to have your genitals fondled, or your naked picture taken.

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PostPosted: Mon Nov 22, 2010 3:49 pm 
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TheRiov:

There is a vast chasm of agency between the "airline" and the "TSA".

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PostPosted: Mon Nov 22, 2010 4:18 pm 
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TheRiov wrote:
There are no constitutional protections for flying.


TheRiov wrote:
Since you're only subject to search and seizure if you undertake an unprotected act, its not considered unreasonable.


Hopwin wrote:
You don't have a right to fly. You have a choice. Take a train, take a submarine, whatever, the bottom line is that if you don't want to be exposed to it then find an alternate means to get where you want to go.


Really now?

The 10th Amendment wrote:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


The 4th Amendment wrote:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


If I live to be 100, I will never figure out why either of these are so damn difficult to understand.

As a matter of fact, I do have a right to not to be harassed by the federal government, whether I'm flying or not. Any powers not granted specifically in the Constitution (ex. flying) are the domain of the States' and their citizens. Don't give me that "there's no right to fly" crap.

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PostPosted: Mon Nov 22, 2010 4:19 pm 
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Flying is regulated under the interstate commerce clause ;)

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PostPosted: Mon Nov 22, 2010 4:22 pm 
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Breathing is soon to be regulated under the interstate commerce clause.

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Facism is not a school of thought, it is a racial slur.


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PostPosted: Mon Nov 22, 2010 4:23 pm 
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Khross wrote:
Breathing is soon to be regulated under the interstate commerce clause.

EPA already called that dominion over that one.


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PostPosted: Mon Nov 22, 2010 4:24 pm 
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and yet the SCOTUS and every other court in the land disagrees with you. You're not a lawyer, you're not a professor of constitutional law. You're an angry man with a soap box. Good luck with that. The courts have found you're wrong. get over it.


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PostPosted: Mon Nov 22, 2010 4:25 pm 
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I believe the EPA has already weighed in on that and says when we breathe, we're all polluters due to their regulation of that health hazard - carbon dioxide.

edit: You beat me Ladas...

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PostPosted: Mon Nov 22, 2010 4:27 pm 
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What is it with the libs and their need to demonize people by calling them "angry"?

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PostPosted: Mon Nov 22, 2010 4:42 pm 
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TheRiov wrote:
and yet the SCOTUS and every other court in the land disagrees with you. You're not a lawyer, you're not a professor of constitutional law. You're an angry man with a soap box. Good luck with that. The courts have found you're wrong. get over it.

I guess he should have pursued that degree in psychic law like you did. Because neither the SCOTUS nor the lower courts have ever ruled on the legality of TSA's body scans or pat downs themselves. Valiant effort, though. Do you read palms as well?

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PostPosted: Mon Nov 22, 2010 4:52 pm 
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Well, if every Court in the Land disagrees with us about the 4th Amendment and the TSA searches, could you kindly provide us with the necessary case references to verify this information?

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Corolinth wrote:
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PostPosted: Mon Nov 22, 2010 5:02 pm 
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I am psychic and I see the answer as being "no" just a lot more wordy.

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PostPosted: Mon Nov 22, 2010 5:15 pm 
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Müs wrote:
Flying is regulated under the interstate commerce clause ;)

Yup, and searches are part of the purchase contract. Note how the libertarian argument keeps going back to "my constitutional rights", and ignores the whole contract issue?

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PostPosted: Mon Nov 22, 2010 5:17 pm 
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Taskiss:

Actually, they aren't part of the purchase contract, since the searches are terms imposed by a third party.

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Corolinth wrote:
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PostPosted: Mon Nov 22, 2010 5:18 pm 
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http://books.google.com/books?id=X210Vh ... rt&f=false

US v. Lopez
US v. Bell
US v. Edwards
US v. Davis

are all cited as relevant. There are several others, and I'll happily post when I have more time.


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PostPosted: Mon Nov 22, 2010 5:19 pm 
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Edit: remove vitriol


Last edited by TheRiov on Mon Nov 22, 2010 5:26 pm, edited 2 times in total.

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PostPosted: Mon Nov 22, 2010 5:19 pm 
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Taskiss wrote:
Müs wrote:
Flying is regulated under the interstate commerce clause ;)

Yup, and searches are part of the purchase contract. Note how the libertarian argument keeps going back to "my constitutional rights", and ignores the whole contract issue?


Well, I believe part of the issue is that it's not the airlines performing the searches, it's a governmental agency.

That said, I at least believe that it is not unreasonable to search someone who is boarding the plane. So basically the 4th amendment isn't relevant for me.


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PostPosted: Mon Nov 22, 2010 5:30 pm 
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http://www.frontierairlines.com/frontie ... -travel.do

It's part of the terms and conditions for check in

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Last edited by Taskiss on Mon Nov 22, 2010 5:31 pm, edited 1 time in total.

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PostPosted: Mon Nov 22, 2010 5:30 pm 
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TBH, I don't mind a certain level of scrutiny. I don't fly very often, and when I did last, I found the level of "security" ridiculous. Waiting in a line for at least an hour so everyone in line could take their shoes, belts, hats, watches, rings, etc off. Turn on their laptops, cellphones, and other electronic devices, get waved with a wand... now they're patting down 4 year old kids?

Come the **** on here. Its gone FAR past ridiculous and into sublime territory now. I can't carry on a *sealed* bottle of water past the security checkpoint? My tube of toothpaste is too large? Jesus christ people, I'm getting on a plane for a domestic flight for two hours. Seriously, how goddamn likely am I, a 35 year old white, male, professional to blow up a Southwest 737 flying from Vegas to Houston with a 5oz tube of **** toothpaste and a 1 liter bottle of smart water?

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PostPosted: Mon Nov 22, 2010 5:39 pm 
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U.S. v Lopez ruled that the Gun Free School Zone Act of 1990 was unconstitutional and rejected the Commerce Clause argument presented by the Justice Department. It issued three standards about where the Commerce Clause applies: channels, instruments and people, and affective activities.

U.S. v Bell upheld the rule that felons cannot legally possess firearms. I'm not really sure how this is applicable, because Bell's challenge was a misapplication of Lopez in the first place.

U.S. v Edwards simply provides the 24 hour rule for premises searches without a warrant after a lawful arrest, and it comes packaged with a rather scathing dissent that sees more reference and use.

U.S. v Willie Gene Davis has to do with a legal search of a vehicle pursuant to a traffic violation.

So, please, tell me how all of these are applicable to the situation at hand, which fundamentally involves a third party interjecting itself into a contract with no material benefit to the system. Indeed, since the TSA security protocols demonstrably harm the Air Transport and Air Traffic situation in the United States ...

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PostPosted: Mon Nov 22, 2010 6:23 pm 
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Müs wrote:
. Seriously, how goddamn likely am I, a 35 year old white, male, professional to blow up a Southwest 737 flying from Vegas to Houston with a 5oz tube of **** toothpaste and a 1 liter bottle of smart water?


Just as likely as anyone else since whack jobs come in all shapes, sizes, genders, professions and ages, 1 in 10 million or whatever many passengers? But honestly the inconvience of having to get a $1 3oz tube of tooth paste and spending an extra 50 cents for water past the check point is well worth the lessened risk of getting blown up by that 1 in 10 million ******* that wants to do it imo. And ultimately the full body scanners with eliminate the need for stuff like removing your shoes and will significantly speed up going thru security.


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