Into the Night
Verified User
Air travel is a right.Commercial air travel is not considered an absolute right in the USA.
Rights don't come from a constitution or a court. No US court has ANY authority to change the Constitution. You are ignoring the 9th amendment as well.Here's why:
- Legal Framework: The right to travel, as recognized by U.S. courts, does not extend to a specific mode of transportation like air travel. According to judicial precedents, while there is a constitutional right to travel, this does not guarantee access to any particular form of transportation such as commercial airlines. For instance, in the case of Gilmore v. Ashcroft the court clarified that the Constitution does not guarantee travel by any particular form of transportation.
No, they don't. The FAA MUST issue a pilot's license to anyone that can show the ability to safely pilot an aircraft, and the FAA has NO RIGHT to prevent a passenger from travelling by air.The Federal Aviation Administration (FAA) and other regulatory bodies have the authority to impose various restrictions and requirements on air travel for reasons including safety, security, and operational efficiency.
The "No Fly List" is unconstitutional. Traveling by air is a right.These regulations can affect who can fly, under what conditions, and how airlines operate. The "No Fly List" maintained by the U.S. government is one example where individuals can be barred from flying for security reasons, further illustrating that air travel is not an absolute right.
Irrelevant. Overbooking and similar fraud has nothing to do with the right to fly. Whether a mode of travel is a 'luxury' is also irrelevant.Historically, air travel was a luxury and later became regulated under frameworks like the Civil Aeronautics Board until deregulation in 1978, which shifted the paradigm to market-driven operations but did not establish air travel as an absolute right. The evolution of air travel rights has been more about consumer protections (like compensation for overbooking) rather than establishing an absolute right to fly.
It is a right. The FAA has NO AUTHORITY to designate who can travel, when they can travel, or whether they can travel.In summary, while air travel is accessible to many in the U.S., it is regulated, and access can be restricted based on numerous factors, thereby not qualifying as an absolute right.