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troung
01 Jul 10,, 21:41
National Briefing | Washington
A.C.L.U. Sues Over No-Fly List
By SCOTT SHANE
Published: June 30, 2010
http://www.nytimes.com/2010/07/01/us/01brfs-ACLUSUESOVER_BRF.html

The American Civil Liberties Union on Wednesday filed suit against top Justice Department and F.B.I. officials on behalf of 10 Americans and legal residents on the government’s no-fly list, including 5 who are stranded overseas. They have been given no information about why they are on the list, the lawsuit says. Ben Wizner, an A.C.L.U. staff lawyer, called the government’s actions “un-American and unconstitutional.” The Justice Department had no comment. The no-fly list has roughly doubled to 8,000 names since the failed bombing of a Detroit-bound airliner on Dec. 25, officials familiar with the list said.
A version of this brief appeared in print on July 1, 2010, on page A18 of the New York edition.

gunnut
01 Jul 10,, 22:52
Where in the Constitution did it say flying in a commercial liner is a "right?"

troung
01 Jul 10,, 23:02
ACLU Complaint.

cyppok
02 Jul 10,, 00:01
Where in the Constitution did it say flying in a commercial liner is a "right?"

It did say people were entitled to due process before being accepted as guilty of something, by denying or stripping rights without due process you are in fact violating the constitution.

Nothing is a right, but the ability to do something should not stem from government meddling without due process.

The problem is that a lot of those people did nothing wrong and are just put on the lists because it covers the behinds of the bureaucracy in charge while taking them off is never a prerogative, ergo their rights are abrogated without being guilty of anything.

highsea
02 Jul 10,, 00:14
I think what gunnut is saying is, the mode of travel isn't a right. They aren't being denied re-entry to the US, they are just being denied access to a commercial flight. They could still charter a flight or take a boat or something like that.

Having said that, the No-Fly list is a disgrace, and there certainly needs to be some method of challenging inclusion.

zraver
02 Jul 10,, 00:30
Where in the Constitution did it say flying in a commercial liner is a "right?"

You can't be denied access to something that is generally considered available to anyone without due process. It would violate the exclusion of bill of attainder.

Article I, Section 9; Clause 3 is "No Bill of Attainder or ex post facto Law shall be passed".

It also violated the due process clause in the 5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

an

gunnut
02 Jul 10,, 00:42
You can't be denied access to something that is generally considered available to anyone without due process. It would violate the exclusion of bill of attainder.

Easy. We'll just print out the list and have each individual airline bar them from flying rather than the federal government. Or use state agencies to do that. That's how the socialists banned guns in certain municipalities.

zraver
02 Jul 10,, 01:24
Easy. We'll just print out the list and have each individual airline bar them from flying rather than the federal government. Or use state agencies to do that. That's how the socialists banned guns in certain municipalities.

Why would you support subverting the constitution?

gunnut
02 Jul 10,, 01:58
Why would you support subverting the constitution?

I don't. The sarcasm was lost into the ether of the interwebz. :(

bonehead
02 Jul 10,, 17:19
So. When is the ACLU going to Chicago to hammer Mayor Daly over his anti-gun rights agenda? BAHAHAHAHAHAHAHAHAHAHAHAHAHHA!

McFire
02 Jul 10,, 18:42
The ACLU needs to sue over the fees of check-in baggage, using the overhead bins and all the other bogus charges the airlines are getting away with. :biggrin: