Monday, November 22, 2010

The right to travel freely

Yep, I am back up on my soapbox... really, we need to institute that here in the United States, I think. I saw the practice, while living in England. Have you? If you have not, you should. A person has a soap box, or other sturdily constructed box, which he/she carries to a public location. The box is then placed upon the ground and the individual mounts the box and begins to declaim upon a topic of his or her choice. The box defines a sacred space, a space where, for a brief time, the speaker becomes Cicero or one of the other orators of times past. Audiences crowd about, drawn like flies to honey. Arguments arise, inevitably but this is an expected part of the process. Electronic soapboxes, though useful in that they can reach a large audience quickly, lack the visceral effect of a direct face to face oratory.

Soap box oratory was most often, at least in the 19th and early 20th century (its heyday), political and my current topic -- Pat downs, digital scanners and airport security -- seems to be falling increasingly into that realm. Issues of Constitutional rights -- the 4th, 5th, 6th, and 14th rights -- have all been mentioned in my previous postings. Then there is the issue of Interstate commerce:
CASE #3: "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

CASE #4: "The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right."Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.

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