Replies

Let's turn it around again. This is my car, not yours, and one of the conditions for riding in my car is that you consent to a breathalyzer test. And by the way, here are some nice men from the government to administer it to you. Of course, you don't have to take it, but I'm not going to let you ride in my car if you don't. You can just go get your own car if you object, and drive yourself instead.

Well, you can do that if you wish, if you can get the government to administer those tests. And, since it is your car, you have every right to insist on what terms your passengers must accept if they are going to ride in it. It is your car, just as the planes the airlines own are their planes. And, since they are involved in interstate commerce from virtually every commercial airport, the government has an interest in them. We have the FAA issuing regulations to the airlines regarding safety. No commercial plane carrying passengers can fly without using the ATC system. And nobody gets on a plane without passing through security. Those are the rules, as enacted by our elected representatives. We, the people, have decided, through those representatives that those who wish to fly on the airlines must go through a security screening. We, the people, have decided that such searches are "reasonable," so the 4th Amendment no longer applies. You don't like the searches. So, you have a perfect way to avoid them. Simply do not go to the airport to take a flight. You will not be screened. You will not be searched. You can travel some other way. And it's not just airports. Go to a military base. To enter it, you will pass through a guarded gate, in front of which is a sign informing you that all persons and vehicles may be searched. Don't like it? Turn around and leave. Your rights are not absolute.

Let's turn it around again. This is my car, not yours, and one of the conditions for riding in my car is that you consent to a breathalyzer test. And by the way, here are some nice men from the government to administer it to you.

All that's fine, as long as you, the owner of the car, are the one who's exercising the discretion. But when it's the government telling me that I can't ride in your car without submitting to a search, then they're getting out of line.