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Old 12-04-11, 06:22 PM   #29
1480
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[QUOTE=Sailor Steve;1799110]
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Ninth Amendment.

You have the right to do anything you want, as long as it doesn't interfere with anyone else's right to do the same.
The Ninth Amendment bars denial of unenumerated rights if the denial is based on the enumeration of certain rights in the Constitution, but does not bar denial of unenumerated rights if the denial is based on the enumeration of certain powers in the Constitution.[15] It is to that enumeration of powers that the courts have said we must look, in order to determine the extent of the unenumerated rights mentioned in the Ninth Amendment.[15]

United Public Workers v. Mitchell, 330 U.S. 75 (1947).

Laurence H. Tribe, American Constitutional Law 776 n. 14 (2nd ed. 1998).

"It is a common error, but an error nonetheless, to talk of 'ninth amendment rights.' The ninth amendment is not a source of rights as such; it is simply a rule about how to read the Constitution.

Gibson v. Matthews, 926 F.2d 532, 537 (6th Cir. 1991

"[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution."

So in my humble opinion, it is not a right.

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On the one hand, it's the airlines' house and rules. As a private concern they do have the right to refuse service to anyone, as the Constitution only applies to the Federal Government.

On the other hand, we make laws to protect ourselves from each other, and only the Federal Government is big enough to protect us all in this case. In these modern times something like TSA is, like law, taxes and government in general, is a necessary evil. That said, it is indeed necessary, and we all pay the price.
We basically agree on this. Had the airlines been a private entity there would be no discussion here.


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Comparing experiences here with experiences elsewhere is, to my mind, is in this case irrelevant. Are you saying that we should be grateful that our intrusive system is not as bad as theirs? I am, but I shouldn't have to be.
Actually, Bejing airport looks exactly like O'hare, just dimmer lighting. They have their own version of TSA but they go through if not exactly the same protocols than pretty much look cross trained with our TSA. And the reason why I mentioned it, was the three times I was searched after the initial screening. Must have been the Blackhawks jersey I had on

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Saying the girl should have known better is just like saying she shouldn't have dressed provocatively if she didn't want to be raped. While true, it's still commenting on something that shouldn't be. A one-minute examination of the purse would have told the officials everything they needed to know.
Never liked that argument and it has no relevance to this particular incident. Rape is a crime of violence.

None of the rights enumerated in the Constitution are absolute either. Too many examples of case law that prove that. I'll PM them to you if you would like.

And Buna, you know I am terrible with semantics
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