Just Don't Fly: Where Might the TSA Take Us Next?

"Don't fly." That's Janet Napolitano's answer to those who oppose the regime of poke and grope that is today's Transportation Safety Agency. America is, after all, a land of choices. When you arrive at the airport, you can allow some complete stranger to irradiate you with a device that allows the operator to see you naked. Or you can allow some friendly security agent to put hands in places where they have no business. Or you can drive.

Before you jump out of line and into your car, however, be warned that you can be fined up to $11,000 for changing your mind at the airport. After all, we wouldn't want terrorists with hand grenades walking away from the screening area when they realize that all the rumors about metal detectors and such are true. If you're going to take Secretary Napolitano's advice, be sure you opt not to fly before you reach the airport.

The problem with this "If-you-can't-stand-the-pat-down-get-out-of-the-terminal" attitude lies in its future. For now, Janet Napolitano says "if people want to travel by some other means, they have that right." That seems reasonable enough on the surface, but is air travel the only option vulnerable to this sort of reasoning.

Let's imagine a really nasty scenario. Terrorists identify several particularly important rail corridors, perhaps ones that carries large amounts of coal to power plants. They smuggle explosives onto several passenger trains and detonate those bombs at critical spots on the railroad grid. Result? Perhaps hundreds of people are killed, but also rail transportation is severely compromised until repairs can be completed. In response, the Department of Homeland Security extends the TSA airport protocols to Amtrak stations.

If you don't like it, don't take the train. After all, rail travel is no more a right than air travel. The bus system could come next.

I'm thinking of posting a legal research thread for this. However, let's start here Janet...

Federal law establishes a right to air travel.

See 49 U.S.C. § 40103 : US Code - Section 40103: Sovereignty and use of airspace, section (a)(2): "A citizen of the United States has a public right of transit through the navigable airspace."
Hat tip to Lazamataz for this tidbit.

The U.S. Supreme Court has weighed in on our right to travel in general. See U.S. vs Guest. It's pretty unequivocal. The phrase "and other instrumentalities" is particularly important in this particular topic.

The District Court was in error in dismissing the indictment as to this paragraph. The constitutional right to travel from one State to another, and necessarily to use the highways and other instrumentalities of interstate commerce in doing so, occupies a position fundamental to the concept of our Federal Union. It is a right that has been firmly established and repeatedly recognized.

Empasis mine. There are several other excellent references and quotes in the opinion.

In Edwards v. California, 314 U.S. 160 , invalidating a California law which impeded the free interstate passage of the indigent, the Court based its reaffirmation of the federal right of interstate travel upon the Commerce Clause. This ground of decision was consistent with precedents firmly establishing that the federal commerce [383 U.S. 745, 759] power surely encompasses the movement in interstate commerce of persons as well as commodities. Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196, 203 ; Covington & Cincinnati Bridge Co. v. Kentucky, 154 U.S. 204, 218 -219; Hoke v. United States, 227 U.S. 308, 320 ; United States v. Hill, 248 U.S. 420, 423 . It is also well settled in our decisions that the federal commerce power authorizes Congress to legislate for the protection of individuals from violations of civil rights that impinge on their free movement in interstate commerce. Mitchell v. United States, 313 U.S. 80 ; Henderson v. United States, 339 U.S. 816 ; Boynton v. Virginia, 364 U.S. 454 ; Atlanta Motel v. United States, 379 U.S. 241 , Katzenbach v. McClung, 379 U.S. 294 .
Although there have been recurring differences in emphasis within the Court as to the source of the constitutional right of interstate travel, there is no need here to canvass those differences further. 16 All have agreed that the right exists. Its explicit recognition as one of the federal rights protected by what is now 18 U.S.C. 241 goes back at least as far as 1904. United States v. Moore, 129 F. 630, 633. We reaffirm it now. 17Although there have been recurring differences in emphasis within the Court as to the source of the constitutional right of interstate travel, there is no need here to canvass those differences further. 16 All have agreed that the right exists. Its explicit recognition as one of the federal rights protected by what is now 18 U.S.C. 241 goes back at least as far as 1904. United States v. Moore, 129 F. 630, 633. We reaffirm it now. 17 [383 U.S. 745, 760] [383 U.S. 745, 760]

Freeper AndyJackson points us to this...

18 USC §241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death
18 USC § 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

I'm going to try to build on this a bit as time goes by.

As an aside, now that the Supreme Court has clarified for the ignorant that the 2nd Amendment is a personal right acknowledged by the Constitution. You could make a fairly strong case for insisting you be allowed to carry a firearm aboard an aircraft with you.

Oh, and Janet, I'm probably already on your list. Cross check with the FBI. They know who Zeugma is.

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