BamaD -> RE: Why isn't no fly a denial of due process? (6/25/2016 8:36:25 AM)
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ORIGINAL: vincentML quote:
ORIGINAL: Awareness quote:
ORIGINAL: Musicmystery So , the #1 objection I hear to "no fly, no buy" is that it denies due process. Bullshit. Flying is a privilege, not a right. The government has full authority to enact legislation to protect the population in shared spaces. Anyone who contends otherwise is a fucking moron. No, not a privilege. Liberty is the issue and Liberty is guaranteed twice in the 5th and 14th Amendments. However, I think it is an error to flat out state the No Fly List and the Terrorists Watch List are unconstitutional for lack of due process. From what I have read, but not verified, you can search the lists on line for your name, and you can submit an online form claiming mistaken identity which will gain you a personal number to present at the gate if you were deemed on there by error as a "same name." Furthermore, there have been successful law cases by people on the list. So, due process, however clumsy, seems to be available. But then, no one ever said shit was gonna be easy. Normally people can't find out they are on the lists till they try to get on a plane. It usually takes years to get off the list, and no actual evidence is required to put a person on the list. It is a violation of due process because the penalties are inacted before the person on the list even knows they are on it. They can't face thier accuser. They don't get any kind of trial. They don't get to challenge the "evidence" which as I said, usually doesn't exist. Yes there is a process for them to prove thier innocence, but in out system due process requires not that they prove thier innocence, but that the government prove thier guilt. Using these lists to take any action against people turns our entire judicial system on it's head.
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