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Wednesday, December 5, 2012

Secret no-fly power an affront to liberty
There are numerous reports of political activists, journalists and outspoken Americans -- U.S. citizens and others -- being put on a federal no-fly list after they became too critical of federal policies, or were considered to have beliefs that did not accord with the presumed political norm. I daresay that a statistical analysis would back up the claim of abuse of power by federal officials whose decisions can't be questioned. We have here a direct violation of a basic American freedom: the right to free speech without government penalty. Congress was not permitted to make a law that could be enforced so as to target outspoken citizens.

The due process clause of the 5th Amendment is also directly violated: if one is not at liberty to fly on a plane, then he has been deprived of liberty. The ability to move freely within America's borders and to enter and leave the country as desired have always been considered important liberties in America. In addition, blocking purchase or use of an airline ticket constitutes deprivation of property. Clearly, if he is unable to see the evidence against him and confront his accusers in court, he has been denied due process of law, a direct affront to the Constitution.

A recent federal maneuver to create a second list of people who can't use "EZ pass" to go through security checks is an extension of this sort of anti-American reasoning.

I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; OR ABRIDGING FREEDOM OF SPEECH, OR OF THE PRESS; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself,No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, NOR BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW, nor shall private property be taken for public use, without just compensation.

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