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RE: Why isn't no fly a denial of due process? - 6/25/2016 9:45:16 AM   
mnottertail


Posts: 60698
Joined: 11/3/2004
Status: offline
I hear the HERE in one respect.

But lets just walk up to the counter to buy a ticket, I am sorrrrrrrrrrrrrrrrrrrrrrrrrrrrrry but you cant, why? we cant tell you.

Wonder who would forget to go, "Meh, it couldn't be the no fly list". I think they misuse negation for the word stupid there.



_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


(in reply to kdsub)
Profile   Post #: 41
RE: Why isn't no fly a denial of due process? - 6/25/2016 10:18:04 AM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
Status: offline
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.

Then why doesn't this apply to public spaces where people are gunned down?

And DRIVING is a privilege. Flying is consuming a good.

Profiling people to prohibit their activity is a violation of the 5th and 14th amendments, if the "no fly no guy" objectors are correct.



< Message edited by Musicmystery -- 6/25/2016 10:19:18 AM >

(in reply to Awareness)
Profile   Post #: 42
RE: Why isn't no fly a denial of due process? - 6/25/2016 10:21:38 AM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
Status: offline

quote:

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.


Exactly.

It's like getting a search warrant -- you aren't convicted of anything, but there's reasonable suspicion to set aside your rights from undue search and seizure.

That's what the no fly list is -- and it should be the no buy list as well, until the investigation is concluded.

(in reply to vincentML)
Profile   Post #: 43
RE: Why isn't no fly a denial of due process? - 6/25/2016 1:40:31 PM   
ifmaz


Posts: 844
Joined: 7/22/2015
Status: offline

quote:

ORIGINAL: Musicmystery


quote:

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.


Exactly.

It's like getting a search warrant -- you aren't convicted of anything, but there's reasonable suspicion to set aside your rights from undue search and seizure.

That's what the no fly list is -- and it should be the no buy list as well, until the investigation is concluded.


Why stop with the 2nd Amendment? If you're on a secret government list we should be allowing law enforcement to search your home for anything terroristy without a warrant. If you're on a secret government list you should immediately be held, without bail and access to a lawyer, at a government facility until you can prove your innocence.

(in reply to Musicmystery)
Profile   Post #: 44
RE: Why isn't no fly a denial of due process? - 6/25/2016 2:39:14 PM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
Status: offline
Why start at the 5th and 14th Amendments?

Then there's your mischaracterization:

1) It's not a secret list -- we know about it.
2) When appropriate for the investigation, presumably there would be grounds for a search warrant. Nonetheless, a judge would so determine.
3) Your last sentence is just stupid. That's neither the case nor proposed by anyone.

We're talking about ACTUAL things here, not the fantasies in your head.

(in reply to ifmaz)
Profile   Post #: 45
RE: Why isn't no fly a denial of due process? - 6/25/2016 3:15:00 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: ifmaz


quote:

ORIGINAL: Musicmystery


quote:

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.


Exactly.

It's like getting a search warrant -- you aren't convicted of anything, but there's reasonable suspicion to set aside your rights from undue search and seizure.

That's what the no fly list is -- and it should be the no buy list as well, until the investigation is concluded.


Why stop with the 2nd Amendment? If you're on a secret government list we should be allowing law enforcement to search your home for anything terroristy without a warrant. If you're on a secret government list you should immediately be held, without bail and access to a lawyer, at a government facility until you can prove your innocence.


Exactly, once you decied due process doesn't count for one thing why should it count for anything else?


_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to ifmaz)
Profile   Post #: 46
RE: Why isn't no fly a denial of due process? - 6/25/2016 3:57:53 PM   
JeffBC


Posts: 5799
Joined: 2/12/2012
From: Canada
Status: offline
quote:

ORIGINAL: BamaD
Exactly, once you decided due process doesn't count for one thing why should it count for anything else?

Bingo! Due process is either a bedrock principle or else it's window dressing because, as a society, it's at the very moments we need it most that the government will be least likely to want to produce it.

I have mixed and varied feelings about gun control but I know for a fact that the only thing I want based on a "terrorism suspect list" is "further investigation with all the protections of the constitution". That, in my opinion, is the only "next step" from being placed on some suspect list.

_____________________________

I'm a lover of "what is", not because I'm a spiritual person, but because it hurts when I argue with reality. -- Bryon Katie
"You're humbly arrogant" -- sunshinemiss
officially a member of the K Crowd

(in reply to BamaD)
Profile   Post #: 47
RE: Why isn't no fly a denial of due process? - 6/25/2016 4:21:52 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: BamaD
Exactly, once you decided due process doesn't count for one thing why should it count for anything else?

Bingo! Due process is either a bedrock principle or else it's window dressing because, as a society, it's at the very moments we need it most that the government will be least likely to want to produce it.

I have mixed and varied feelings about gun control but I know for a fact that the only thing I want based on a "terrorism suspect list" is "further investigation with all the protections of the constitution". That, in my opinion, is the only "next step" from being placed on some suspect list.

Absolutly.
The list as it is is unworkable and it's use for any action beyon investigation is a micarrage of justice.
They need to be scrapped, re=formated, streamlined an turned into a database of actual evidence.
The when you get to reasonable cause you move forward toward prosecution.
The central problem with this isn't concerning you views on this, it is about turning the Constitution into a total facade.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to JeffBC)
Profile   Post #: 48
RE: Why isn't no fly a denial of due process? - 6/25/2016 4:37:12 PM   
vincentML


Posts: 9980
Joined: 10/31/2009
Status: offline

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: BamaD
Exactly, once you decided due process doesn't count for one thing why should it count for anything else?

Bingo! Due process is either a bedrock principle or else it's window dressing because, as a society, it's at the very moments we need it most that the government will be least likely to want to produce it.

I have mixed and varied feelings about gun control but I know for a fact that the only thing I want based on a "terrorism suspect list" is "further investigation with all the protections of the constitution". That, in my opinion, is the only "next step" from being placed on some suspect list.

Absolutly.
The list as it is is unworkable and it's use for any action beyon investigation is a micarrage of justice.
They need to be scrapped, re=formated, streamlined an turned into a database of actual evidence.
The when you get to reasonable cause you move forward toward prosecution.
The central problem with this isn't concerning you views on this, it is about turning the Constitution into a total facade.

Just a minute! Who decided due process doesn't count. I said it is clumsy, but wtf isn't clumsy in law? Nothing is automatic.
Your talk of data base of actual evidence violates all sorts of privacy rights imo.

_____________________________

vML

Our lives begin to end the day we become silent about things that matter. ~ MLK Jr.

(in reply to BamaD)
Profile   Post #: 49
RE: Why isn't no fly a denial of due process? - 6/25/2016 4:57:53 PM   
JeffBC


Posts: 5799
Joined: 2/12/2012
From: Canada
Status: offline
quote:

ORIGINAL: vincentML
Just a minute! Who decided due process doesn't count. I said it is clumsy, but wtf isn't clumsy in law? Nothing is automatic.
Your talk of data base of actual evidence violates all sorts of privacy rights imo.

How does one get on this list? How does one get off it? Where are the rules written so that a law abiding citizen can abide by them? At what moment does the citizen get to face their accuser? Where is the trial of one's peers? How about the presentation of evidence?

Yup. There's none of that. Any old process does not constitute "due process".


_____________________________

I'm a lover of "what is", not because I'm a spiritual person, but because it hurts when I argue with reality. -- Bryon Katie
"You're humbly arrogant" -- sunshinemiss
officially a member of the K Crowd

(in reply to vincentML)
Profile   Post #: 50
RE: Why isn't no fly a denial of due process? - 6/25/2016 5:11:41 PM   
vincentML


Posts: 9980
Joined: 10/31/2009
Status: offline

quote:

ORIGINAL: Awareness


quote:

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.
Wrong. Liberty has nothing to do with your ability to jump on a plane. A plane is an asset controlled by a business and they have every right to gate that asset using whatever means they deem necessary. The primary means they use to gate access to that asset is MONEY. Do I hear you complaining that requiring someone to have money is an imposition on their liberty? Of course not, so stop being stupid. Your contention doesn't even begin to hold fucking water.

Christ.

Please, don't be an idiot. Airspace is Federally controlled. And you seem to be ignorant of the Constitution.

_____________________________

vML

Our lives begin to end the day we become silent about things that matter. ~ MLK Jr.

(in reply to Awareness)
Profile   Post #: 51
RE: Why isn't no fly a denial of due process? - 6/25/2016 5:17:00 PM   
vincentML


Posts: 9980
Joined: 10/31/2009
Status: offline

quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: vincentML
Just a minute! Who decided due process doesn't count. I said it is clumsy, but wtf isn't clumsy in law? Nothing is automatic.
Your talk of data base of actual evidence violates all sorts of privacy rights imo.

How does one get on this list? How does one get off it? Where are the rules written so that a law abiding citizen can abide by them? At what moment does the citizen get to face their accuser? Where is the trial of one's peers? How about the presentation of evidence?

Yup. There's none of that. Any old process does not constitute "due process".


So, I'm not going to do your research for you, Jeff. Go back to my post #35 and MM's post #45. I reported what I read. You want rules? Check with the FBI maybe, or TSA, or case law.

Oh fuck yes, any old process does count as due process until it is challenged in a court of law.

_____________________________

vML

Our lives begin to end the day we become silent about things that matter. ~ MLK Jr.

(in reply to JeffBC)
Profile   Post #: 52
RE: Why isn't no fly a denial of due process? - 6/25/2016 5:25:32 PM   
mnottertail


Posts: 60698
Joined: 11/3/2004
Status: offline

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: ifmaz


quote:

ORIGINAL: Musicmystery


quote:

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.


Exactly.

It's like getting a search warrant -- you aren't convicted of anything, but there's reasonable suspicion to set aside your rights from undue search and seizure.

That's what the no fly list is -- and it should be the no buy list as well, until the investigation is concluded.


Why stop with the 2nd Amendment? If you're on a secret government list we should be allowing law enforcement to search your home for anything terroristy without a warrant. If you're on a secret government list you should immediately be held, without bail and access to a lawyer, at a government facility until you can prove your innocence.


Exactly, once you decied due process doesn't count for one thing why should it count for anything else?




Thats what I understood the Bush Administration to say as they did so.

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


(in reply to BamaD)
Profile   Post #: 53
RE: Why isn't no fly a denial of due process? - 6/25/2016 10:48:47 PM   
ifmaz


Posts: 844
Joined: 7/22/2015
Status: offline

quote:

ORIGINAL: Musicmystery

Why start at the 5th and 14th Amendments?

Then there's your mischaracterization:

1) It's not a secret list -- we know about it.
2) When appropriate for the investigation, presumably there would be grounds for a search warrant. Nonetheless, a judge would so determine.
3) Your last sentence is just stupid. That's neither the case nor proposed by anyone.

We're talking about ACTUAL things here, not the fantasies in your head.


No, we don't know about it. The list is not public and there is no way to determine if one is on the list. The list contains only names of suspected terrorists, among others, like that of an 8 year old boy. The criteria for being included on the list has been demonstrated to be extremely flimsy.

You're attempting to say I have 'fantasies' to downplay the willful violation of the Bill of Rights regarding a right you don't like but not another because you are a hypocrite.

(in reply to Musicmystery)
Profile   Post #: 54
RE: Why isn't no fly a denial of due process? - 6/26/2016 12:22:49 AM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: vincentML


quote:

ORIGINAL: BamaD


quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: BamaD
Exactly, once you decided due process doesn't count for one thing why should it count for anything else?

Bingo! Due process is either a bedrock principle or else it's window dressing because, as a society, it's at the very moments we need it most that the government will be least likely to want to produce it.

I have mixed and varied feelings about gun control but I know for a fact that the only thing I want based on a "terrorism suspect list" is "further investigation with all the protections of the constitution". That, in my opinion, is the only "next step" from being placed on some suspect list.

Absolutly.
The list as it is is unworkable and it's use for any action beyon investigation is a micarrage of justice.
They need to be scrapped, re=formated, streamlined an turned into a database of actual evidence.
The when you get to reasonable cause you move forward toward prosecution.
The central problem with this isn't concerning you views on this, it is about turning the Constitution into a total facade.

Just a minute! Who decided due process doesn't count. I said it is clumsy, but wtf isn't clumsy in law? Nothing is automatic.
Your talk of data base of actual evidence violates all sorts of privacy rights imo.

Then what does depriving people of rights due to a data base that doesn't need fact do.
If they want create something to tell enforcement who to watch shouldn't it be based on actual facts. And who said it has to be made public.
Is is anymore proper to cast a net without real facts and penalize thousands of people in the hopes of inconveinecing one. Because that is what we have now and a number of people in Congress want to use that same factless list to penalize even more people without the right to defend themselves. Sure they can go to court to get off the list but they are guilty untill such time they prove innocence. Again they want to turn our justice system on its head.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to vincentML)
Profile   Post #: 55
RE: Why isn't no fly a denial of due process? - 6/26/2016 5:29:30 AM   
thompsonx


Posts: 23322
Joined: 10/1/2006
Status: offline
If you don't know the difference between a air rifle and a gas operated automatic rifle ....You may be a psuedo Marine

If you don't know that air is a gas you "might" be a moron.

(in reply to BamaD)
Profile   Post #: 56
RE: Why isn't no fly a denial of due process? - 6/26/2016 6:09:55 AM   
mrevibo


Posts: 120
Joined: 5/30/2016
Status: offline

quote:

ORIGINAL: thompsonx

If you don't know the difference between a air rifle and a gas operated automatic rifle ....You may be a psuedo Marine

If you don't know that air is a gas you "might" be a moron.



I have one of each right here within arm's reach, and I can explain the difference. Protip: the fact that air is a gas is irrelevant to the distinction.

_____________________________

Qui custodiet ipsos custodes?

(in reply to thompsonx)
Profile   Post #: 57
RE: Why isn't no fly a denial of due process? - 6/26/2016 6:12:33 AM   
mnottertail


Posts: 60698
Joined: 11/3/2004
Status: offline
I am still at a loss to determine which automatic rifle, the first one came much later than Lewis and Clark.

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


(in reply to mrevibo)
Profile   Post #: 58
RE: Why isn't no fly a denial of due process? - 6/26/2016 8:04:15 AM   
vincentML


Posts: 9980
Joined: 10/31/2009
Status: offline
Bama!

quote:

Sure they can go to court to get off the list but they are guilty untill such time they prove innocence. Again they want to turn our justice system on its head.
Not so. You are not guilty of anything. You have not been accused of a crime. You are a person of interest, a suspect, nothing more.

_____________________________

vML

Our lives begin to end the day we become silent about things that matter. ~ MLK Jr.

(in reply to BamaD)
Profile   Post #: 59
RE: Why isn't no fly a denial of due process? - 6/26/2016 8:08:00 AM   
vincentML


Posts: 9980
Joined: 10/31/2009
Status: offline
quote:

ORIGINAL: ifmaz


quote:

ORIGINAL: Musicmystery

Why start at the 5th and 14th Amendments?

Then there's your mischaracterization:

1) It's not a secret list -- we know about it.
2) When appropriate for the investigation, presumably there would be grounds for a search warrant. Nonetheless, a judge would so determine.
3) Your last sentence is just stupid. That's neither the case nor proposed by anyone.

We're talking about ACTUAL things here, not the fantasies in your head.


No, we don't know about it. The list is not public and there is no way to determine if one is on the list. The list contains only names of suspected terrorists, among others, like that of an 8 year old boy. The criteria for being included on the list has been demonstrated to be extremely flimsy.

You're attempting to say I have 'fantasies' to downplay the willful violation of the Bill of Rights regarding a right you don't like but not another because you are a hypocrite.


Search here for your name

_____________________________

vML

Our lives begin to end the day we become silent about things that matter. ~ MLK Jr.

(in reply to ifmaz)
Profile   Post #: 60
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