Bill of Rights

Boycotting Discretionary Air Travel: Are Random Strip Searches Next?

Recently an article was published in CNN Money quoting the Air Transport Association, an association of executives from the airline industry, predicting there would be approximately 7% fewer airline passengers this summer due to the economic conditions now in the United States.

I would state as a former primarily vacation airline passenger that the reduction in Americans traveling during the summer months has declined for discretionary travel steadily since 9/11.

Not out of fear, but due to the fact now that traveling to vacation destinations for many Americans is more hassle free driving than flying anymore.  Driving to California from Arizona takes six hours by car, but now can take just as long or longer by air.

It isn't simply the expense involved, it is the invasive security procedures now conducted for domestic travel in the United States that is primarily to blame, in this writer's view.

It has gotten to the point where the surveillance industry in this country is one of the fastest growing industries, and largest stakeholders in government contracts.

So lucrative has this industry become and vital to the U.S. government domestic surveillance program that the Department of Homeland Security is now purchasing, with stimulus monies, full body scanners for major domestic airports, to be used primarily against its own citizens due to the free entry and exit passes awarded international travelers during and prior to the Bush Administration.

Since most of the incidents which have compromised American citizen's security have been from foreigners as demonstrated by 9/11 and the shoe bomber incident, the focus on domestic travel rather than international security does seem backward, since "foreigners" actually travel from outside the U.S. in order to get here in the first place, or breach the U.S. borders and enter illegally through our borders with Canada and Mexico.

At the present time it take no less than two full hours prior to flight time in order to undergo the security checks for both passengers and baggage.  And though it was a British citizen responsible for the shoe bombing incident, all domestic travelers in the U.S. are now required to remove even their shoes before boarding.

That doesn't take into consideration the amount of time that is also lost waiting on the tarmacks for flights to depart or arrive due to the amount of both domestic and international flights, many of which are less than half full.

Deregulation of our national airports has actually resulted in more pollution, and higher costs in the long run.  And crowded airports that have made most vacations anything but relaxing.

In fact, since my last experience flying to a funeral for a relative on the East Coast from my home in the West that took more than twelve hours to complete with the new "shoe removal" requirements, I haven't flown in four years.

The American people were not the cause of 9/11, yet it is the American people who are now being strip searched and monitored in ever increasing degrees domestically, while the international airport procedures are becoming less and less secure with each passing year.

I guess so that at least the next potential international terrorist is not denied the opportunity to visit Disneyland, or attend the next global corporate board meeting.

Expect to now be charged more and more fees in order to take your baggage with you.  It appears banking practices have now infiltrated the airline industry.

Soon, I'm sure, there will be additional fees instituted for those bag lunches, and the privilege of those xrays prior to boarding at the security checks.  Also charges for the upgrades for the shoe removal procedures in order to now track your carbon footprints. 

We wouldn't want to interfere with our "free trade," agreements, or the "free market" competitive airline industry and their profit margins in order to effectively reduce that non-existent excess carbon instead in perhaps restricting U.S. international ports of entry and flights, now would we? 

Apparently not if it affects the lucrative gadget industry stakeholders and their economic growth at the cost of the American taxpayers obviously.

http://money.cnn.com/2009/05/15/news/economy/summer_air_travel/index.htm

U.S. Constitution De Facto Law Of The Land

Below is an excerpt from the Sixteenth American Jurisprudence, Second Edition, Section 256, which affirms that the U.S. Constitution, unless and until LAWFULLY amended as contained within it's express provisions, is a contract between the federal and state government and it's people, and the defacto Law of the Land. 

As a contract itself and in spite of U.S. history almost from the moment it was ratified by the 13 original colonies, any and all interpretations or applications of the provisions contained within it under the "common law" upon which contract law is  based according to the Magna Carta (used by the founders in their deliberations) by any and all judicial authorities at both the state and federal level is to be done using the "common useage" English definitions in such interpretations or applications pursuant to "contract law doctrine." 

The footnote citations relate to U.S. case law which enforces this restatement and can be researched after pulling up the Am.Jur citing for a listing of footnoted case laws at any local law library:

Section 256. Generally. The general rule is that an unconstitutional statute, whether federal [29] or state, [30] though having the form and name of law, is in reality no law, [31] but is wholly void, [32] and ineffective for any purpose; [33] since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, [34] an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. [31] Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. [36] No repeal of such an enactment is necessary. [37]

Since an unconstitutional law is void, the general principles follow that it imposes no duties, [38] confers no rights, [39] creates no office, [40] bestows no power or authority on anyone, [41] affords no protection, [42] and justifies no acts performed under it. [43] A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. [44]

No one is bound to obey an unconstitutional law [45] and no courts are bound to enforce it. [46] Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. [47]

A void act cannot be legally inconsistent with a valid one. [48] And an unconstitutional law cannot operate to supersede any existing valid law. [49] Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. [50] Since an unconstitutional statute cannot repeal or in any way affect an existing one, [51] if a repealing statute is unconstitutional, the statute which it attempts to repeal remains in full force and effect. [52] And where a clause repealing a prior law is inserted in an act, which act is unconstitutional and void, the provision for the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. [53]

The general principles stated above apply to the constitutions as well as to the laws of the several states insofar as they are repugnant to the Constitution and laws of the United States. [54] Moreover, a construction of a statute which brings it in conflict with a constitution will nullify it as effectually as if it had, in express terms, been enacted in conflict therewith. [55]

An unconstitutional portion of a statute may be examined for the purpose of ascertaining the scope and effect of the valid portions. [56]

The numbers in [brackets] are footnotes that refer to court decisions. You can look them up in the American Jurisprudence at any law library.

Juries in the United States have the right and power to judge the law as well as the facts. This means that a jury can acquit a defendant for any reason or none and need not give any reason for it's decision. Therefor bad statutes that are unconstitutional or immoral can be set aside, or good laws that are misapplied can be ignored. This is called "jury nullification." 

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