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Do we have a Constitutional right to freedom of movement? Travel? Are the two any different? Why do I have to agree to involuntary sobriety checks (searches, IM

Do we have a Constitutional right to freedom of movement? Travel? Are the two any different? Why do I have to agree to involuntary sobriety checks (searches, IMHO) if I get a drivers license? I would like to think that I have these rights already defined or that they are defined under the Ninth Amendment. Given the current political climate, I am afraid that they are not.

spc476 13y ago
It might fall under the First Amendment's "right of the people peaceably to assemble" but short of that, I don't see anything in the Constitution that allows freedom of movement. But the No-Fly List does appear to violate the First Amendment: "Congress shall make no law ... prohibiting ... to petition the government for a redress of grievances."
whafro 13y ago
I'd argue that there's a difference between the ability to move/travel and the ability to operate a vehicle (car/plane/etc). Operating a multi-ton missile puts others in danger if you don't know what you're doing, while sitting on a Greyhound bus as a passenger requires no significant training.
- omarali 13y ago
  Ironically, US citizens on the no fly list could still get a pilot's license http://cnsnews.com/news/article/tsa-us-citizen-who-no-fly-list-could-commence-flight-training http://cnsnews.com/news/article/tsa-us-citizen-who-no-fly-li...
  - techdragon 13y ago
    And this is where it gets all farcical.
abecedarius 13y ago
Arguably, the 10th amendment means you don't need to find freedom of movement explicitly listed in the constitution in order for it to be a protected right. But I am totally not a lawyer.
zachrose 13y ago
Because driving is framed as a privilege and not a right, and by partaking in that privilege you waive and right to refuse a sobriety test. (For bicyclists with no driver's license? That's an interesting question.) The issue (at least as I see it here) is more about due process than the right to travel. Even if there were a right to travel, you could legally be denied that right for legitimate cases like parole or bail. But those cases mean you have your day in court.
nknighthb 13y ago
> Do we have a Constitutional right to freedom of movement? Yes. http://en.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law http://en.wikipedia.org/wiki/Freedom_of_movement_under_Unite...

spc476 13y ago

It might fall under the First Amendment's "right of the people peaceably to assemble" but short of that, I don't see anything in the Constitution that allows freedom of movement. But the No-Fly List does appear to violate the First Amendment: "Congress shall make no law ... prohibiting ... to petition the government for a redress of grievances."

whafro 13y ago

I'd argue that there's a difference between the ability to move/travel and the ability to operate a vehicle (car/plane/etc). Operating a multi-ton missile puts others in danger if you don't know what you're doing, while sitting on a Greyhound bus as a passenger requires no significant training.

omarali 13y ago
Ironically, US citizens on the no fly list could still get a pilot's license http://cnsnews.com/news/article/tsa-us-citizen-who-no-fly-list-could-commence-flight-training http://cnsnews.com/news/article/tsa-us-citizen-who-no-fly-li...
- techdragon 13y ago
  And this is where it gets all farcical.

abecedarius 13y ago

Arguably, the 10th amendment means you don't need to find freedom of movement explicitly listed in the constitution in order for it to be a protected right. But I am totally not a lawyer.

zachrose 13y ago

Because driving is framed as a privilege and not a right, and by partaking in that privilege you waive and right to refuse a sobriety test. (For bicyclists with no driver's license? That's an interesting question.) The issue (at least as I see it here) is more about due process than the right to travel. Even if there were a right to travel, you could legally be denied that right for legitimate cases like parole or bail. But those cases mean you have your day in court.

nknighthb 13y ago

> Do we have a Constitutional right to freedom of movement? Yes. http://en.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law http://en.wikipedia.org/wiki/Freedom_of_movement_under_Unite...