81–90 of 93 posts
Earlier quoted context omitted.
The Constitution applies to anyone within the US, citizen or not.
Yes in most cases it applies to all US residents. But many don't apply to non-residents who still live in the US. For Eg: international students.
Earlier quoted context omitted.
The Constitution applies to anyone within the US, citizen or not.
More accurately, the U.S. Constitution applies to the US government, not to the people it interacts with. Some of its rules are preconditioned on dealings with certain classes of people, however, so citizenship is sometimes relevant to Constitutional considerations.
Earlier quoted context omitted.
It's not really implied by this. It's one of the rights guaranteed by the constitution.
>> It's one of the rights guaranteed by the constitution. Again, not trying to be pedantic, but this is another major point of contention in Constitutional law - how broad of a scope do each of the Constitutional named rights have? The 9th Amendment implies that it is extremely broad, as it explicitly reserves non-enumerated rights as falling under the Constitution. DISCLAIMER: just to head things off, I bring up Roe…
To this the Court has found that there was no due process, therefore the no-fly list - as it stands now - violates the United States Constitution.
This seems like the right decision to me. Being blocked from air travel is indeed a violation of liberty. I think the U.S. government has a right to keep a list of suspicious persons, watch and monitor them, block them from visiting the United States, but there should be a way to appeal your inclusion on that list especially if you are a U.S. legal resident or citizen. You can't just remain on that list forever, unab…
The Department of State has always reserved the right to revoke/deny passports for all sorts of reasons that are not subject to administrative review.
Don't pay your taxes, no passport. Don't pay your child support, no passport. There have even been cases where passports have been revoked for people who have been remanded to mental institutions. Having had your passport revoked in the past is enough grounds to deny you getting one in the future all of which has passed muster at Supreme Court given State Dept acts with seeming explicit Congressional approval. [0]
You can in principle negotiate with the destination country for a visa and fly non-commercially. Can Google "Gilbert Chagoury" for example. He is wealthy patron of Bill Clinton from Nigeria who has been on No-Fly status for years but still jets around the US and internationally I believe on an UK passport on small planes.
Not saying it is just but that will probably be the legal basis.
This opinion is only a finding of due process. That DHS TRIP is not adequate. DHS will simply remedy that if it comes to it with some just as difficult process as it is getting a passport unrevoked by the State Dept (which is nearly impossible without political favor).
[0]: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vo...
Earlier quoted context omitted.
That happened in the 1970s: https://supreme.justia.com/cases/federal/us/413/266/case.htm... Then the ability to simply stop vehicles near the border was curtailed (the ruling still allows a stop given specific information): http://supreme.justia.com/cases/federal/us/422/873/
Curtailed? I can personally confirm that as of just a few years ago, all vehicles passing various roadblocks in southern Arizona and New Mexico (including one across an entire interstate) are stopped and questioned. I assume this continues today.
Doesn't mean it's not shitty, just that it's a different matter than border searches.
Earlier quoted context omitted.
Great big IANAL here, but isn't due process something only the judicial branch can do? Do the police (i mean, the executive branch) get to strip liberties all willy nilly, and then you have to go to court to get those liberties restored? AFAIK, it's not a judge that orders the addition to the no fly list, it's someone in the executive branch.
Due process encompasses everything involved in the enforcing of the laws and regulations - from how evidence is collected to having your Miranda rights read to receiving notice. And yes, should the police strip you of your due process rights, your only recourse is to go to court (or flee the police, which opens you up to other problems). You'd likely get compensation for it though, and the police would be severely pu…
That seems to be overly optimistic. While compensation lawsuits for police misconduct are frequently successful, firing a bad cop is very hard and prosecuting is even harder, due to the enormous strength of the police unions and the notorious "blue wall" which frequently blocks all attempts for investigation.
This seems like the right decision to me. Being blocked from air travel is indeed a violation of liberty. I think the U.S. government has a right to keep a list of suspicious persons, watch and monitor them, block them from visiting the United States, but there should be a way to appeal your inclusion on that list especially if you are a U.S. legal resident or citizen. You can't just remain on that list forever, unab…
This will probably not survive review. The Department of State has always reserved the right to revoke/deny passports for all sorts of reasons that are not subject to administrative review. Don't pay your taxes, no passport. Don't pay your child support, no passport. There have even been cases where passports have been revoked for people who have been remanded to mental institutions. Having had your passport revoked…
This seems like the right decision to me. Being blocked from air travel is indeed a violation of liberty. I think the U.S. government has a right to keep a list of suspicious persons, watch and monitor them, block them from visiting the United States, but there should be a way to appeal your inclusion on that list especially if you are a U.S. legal resident or citizen. You can't just remain on that list forever, unab…
This will probably not survive review. The Department of State has always reserved the right to revoke/deny passports for all sorts of reasons that are not subject to administrative review. Don't pay your taxes, no passport. Don't pay your child support, no passport. There have even been cases where passports have been revoked for people who have been remanded to mental institutions. Having had your passport revoked…
As it stands today (correct me if I'm wrong), a US citizen could be on the no-fly list and be denied the right to board a flight from New York to California. Passports don't even enter into it in this case.
Earlier quoted context omitted.
>> It's one of the rights guaranteed by the constitution. Again, not trying to be pedantic, but this is another major point of contention in Constitutional law - how broad of a scope do each of the Constitutional named rights have? The 9th Amendment implies that it is extremely broad, as it explicitly reserves non-enumerated rights as falling under the Constitution. DISCLAIMER: just to head things off, I bring up Roe…
This case has nothing to do with freedom of speech, it's to do with the Fifth Amendment in the Bill of Rights. And it's not that the plaintiffs were deprived of liberty, it was that they were deprived of liberty without due process of law . To this the Court has found that there was no due process, therefore the no-fly list - as it stands now - violates the United States Constitution.
Earlier quoted context omitted.
Due process encompasses everything involved in the enforcing of the laws and regulations - from how evidence is collected to having your Miranda rights read to receiving notice. And yes, should the police strip you of your due process rights, your only recourse is to go to court (or flee the police, which opens you up to other problems). You'd likely get compensation for it though, and the police would be severely pu…
>>> the police would be severely punished That seems to be overly optimistic. While compensation lawsuits for police misconduct are frequently successful, firing a bad cop is very hard and prosecuting is even harder, due to the enormous strength of the police unions and the notorious "blue wall" which frequently blocks all attempts for investigation.