That's just it. My rights aren't the governments to pick and chose which of the inalienable rights they will alienate today under the guise of safety.
Benjamin Franklin had it ever so right.
“Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.”
If fear or afraid falls into this situation it is this... I would say to the government "I'm afraid my rights aren't yours to take."
You do not have a Constitutional right to fly, drive, etc. Driving is a previledge. The option to fly is a service rendered by the airline. By choosing to fly, you're choosing to abide by aviation security standards. It's YOUR choice. You can rent a private plane or drive if you're unhappy with the security measures.
You do not have a Constitutional right to fly, drive, etc. Driving is a previledge. The option to fly is a service rendered by the airline. By choosing to fly, you're choosing to abide by aviation security standards. It's YOUR choice. You can rent a private plane or drive if you're unhappy with the security measures.
But do I have an inalienable right that I not have my person, property or home searched without proper warrant?
Yes. That simply means you're not going to fly. It's your choice.
When I choose to fly... has that causes sufficient warrant that I be searched?
And then, if so, do the fine, respectful & upstanding young gentlemen in the TSA have a warrant with my name on it and the specific items they are searching for?
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.
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.
That my friend is a constitutional right exetended by the constitution. not by God.
the declaration of independence is not a legal guiding document. It was a justification for insurection against an unjust king.
and it was backed by the blood of the patriots.
"inalienable" applies to "life, liberty and the pursuit of happiness" found in the declairation. NOT to rights extended by the Constitution and the Bill of Rights.
it is a very fine distinction but a very important legal distinction.
__________________ If I do something stupid blame the Lortab!
That my friend is a constitutional right exetended by the constitution. not by God.
the declaration of independence is not a legal guiding document. It was a justification for insurection against an unjust king.
and it was backed by the blood of the patriots.
"inalienable" applies to "life, liberty and the pursuit of happiness" found in the declairation. NOT to rights extended by the Constitution and the Bill of Rights.
it is a very fine distinction but a very important legal distinction.
So... the amendments to the constitution are only extended (although I do not accept that hypothesis) when convenient?
We can bypass the 4th amendment to the constitution?
So... the amendments to the constitution are only extended (although I do not accept that hypothesis) when convenient?
We can bypass the 4th amendment to the constitution?
no. they are extended by the full force of the full constitution....however with certain limitations... those being the interpretation provided by the supreme court.
and in all cases it is possible for a person to surrender your constitutional rights. (think Miranda)
when purchasing a ticket to fly you agree to the parameters set forth. Those parameters include submitting to a search.
Again, constitutional rights protect you from the government. They do not protect you from a private company that has every right to apply specific restrictions as a term of use.
__________________ If I do something stupid blame the Lortab!
But do I have an inalienable right that I not have my person, property or home searched without proper warrant?
It is coming. People will vote another batch out of office if this last batch wasn't enough.
We see 3 activist judges canned. There will be more. We will see some huge numbers of lawsuits.
I say this very bluntly, buying an airplane ticket is NOT implied consent to sexual misconduct.
I also know the non degreed minions that are messing with passengers are being told legal claims that will not hold up in court. The IRS tells it's flunkies things that are found to be false in tax appeals courts.
I know the first medical malpractice lawyer to hit a 15 million dollar year. That is a long time ago. There will be lawyers hit 1 million real quick winning sexual molestation and misconduct settlements.
It is going to be easy to find judges that will award sexual harrassment charges. Even in rental laws, there is an implied waranty of peaceful enjoyment pattern. We have a right to fly without being molested.