Rand wanted to rescan and would not submit to the invasive (and questionably legal) private search. As well he should have. Most people would get a "please double check your pockets and place anything in this basket, step back, and step through the scanner again please". The TSA has gone of the reservation far to many times.
Because it is not actually guaranteed in any of our founding documents. The right move about the nation is, but nothing guarantees any specific method or mode of transportation.
As the Supreme Court notes in Saenz v Roe, 98-97 (1999), the Constitution does not contain the word "travel" in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress). The presumed right to travel, however, is firmly established in U.S. law and precedent. In U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." In fact, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all." It is interesting to note that the Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights.
I believe I have the right to fly without unwarranted search and seizure, and I also believe that I have the right to drive without unwarranted search and seizure. While some complain that driving licenses are unconstitutional, that's not what gets under my skin. Its police check points and road blocks that gets me riled. I've never understood how the possibility of nabbing one or two drunk drivers can justify stopping every vehicle on the highway. One time they were stopping every single car coming out of an ALLISON KRAUSS concert. It took an hour and half to get pass the road block. There were no arrests. The official statement from the state police headquarters is that the purpose of the roadblock was "ensure the safety of motorists". That's nothing but NannyGov Fascism. When the reporter asked the head of the state police about the fact that there were no arrests and the road block caused a major traffic jam on a major thoroughfare, he just said that in the future they would find "more strategic locations in which to operate their "safe driving interviews". This was in Pennsylvania about 10 years ago.
The unfortunate lesson is that in this day we live in, the police, or the TSA, feel uninhibited in violating the constitution's prohibition against unlawful and unwarranted search and seizure. How can we get our rights back? Not by electing big-government-is-good-if-we're-running-it Republicans. Not if we keep letting corporate fascists like Bill Kristol tell us who we're allowed to vote for. Not as long as we keep up the wicked two-party (which is really one party) system.
Maybe we need to follow Rand's example and just stand up to the little dictators.
I can't believe people actually are saying that there is no due process for private citizens when boarding an airplane.
Probable cause is thrown out due to government hysteria.
These liberal big government Republicans on this board would rather give up the Constitution and Freedom than undo Big Government.
Our Constitution says:
It doesn't say, "except for an airplane."
It says for everything.
Those who want to limit certain activities... well then limit driving, limit the use of mopeds... etc..
The Constitution doesn't limit anyone except government from wrongful search and seizures... no matter the method I am using.
I have rights... the Government does not.
Rand and I have rights and they have no right to improper searching of my person without probable cause or a warrant.