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It's not pedantic. Liberty is definitely one of those rights that isn't 100% clear. The law is sometimes unfair/rough when it comes to balancing the rights of t
by unreal37 12y ago
It's not pedantic. Liberty is definitely one of those rights that isn't 100% clear. The law is sometimes unfair/rough when it comes to balancing the rights of the individual against the rights of the state to protect against terrorism (real or perceived).
And then we go and revoke the passports of people who are behind on child support payments, which isn't even a crime, and suddenly restricting the ability of people to travel becomes something the government can use any time it wants without a court order with no clear reason why.
Definitely think this area of law can use some refinement to protect all interests more fairly.
- the_watcher 12y ago>> Definitely think this area of law can use some refinement to protect all interests more fairly. In many cases, this is likely true. However, the nature of the word (which doesn't have a definition clearly defining it), means that adding clear definitions to it begins to risk what the founders intended to avoid by not enumerating any rights (hence the Bill of Rights as amendments, including the 9th Amendment). Again, all this suggests to me that due process and equal protection, rather than creating a new, judicially defined right to travel, will be clearly clarified as the crux of the opinion should it hold. The higher court can just defer to stare decisis and judicial restraint on the rest.