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A comment on Judge Rules Terrorism Watchlist Violates Constitutional Rights. Parent comment

Re:Judge Rules Terrorism Watchlist Violates Constitutional R... by paggle on Thursday September 05, 2019 @01:30AM (#20884097)
In the US, these absolutely don’t need due process to remove. You are only protected against deprivation of life, liberty, or property (without compensation) by the Fifth Amendment. Your right to enter the US or fly on a plane is not protected by due process.
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Re:Judge Rules Terrorism Watchlist Violates Constitutional R... by deathanatos on Thursday September 05, 2019 @02:25AM (#20884316)
It is not an explicitly enumerated right, but it is a right. It is or was considered so basic that it need not be explicitly enumerated.

https://en.wikipedia.org/wiki/Freedom_of_movement_under_Unit...

https://en.wikipedia.org/wiki/Saenz_v._Roe

> Justice Stevens, writing for the majority, found that although the "right to travel" was not explicitly mentioned in the Constitution, the concept was "firmly embedded in our jurisprudence."

As evidence of how these can be so easily abused, I present that time the government prevented an American citizen from entering the country to testify in a trial involving her mother against the Government about being on the No Fly list!: https://www.techdirt.com/articles/20131208/00164525497/witne... or https://papersplease.org/wp/2013/12/07/no-fly-trial-day-5-pa... or https://www.courthousenews.com/government-secrecy-vexes-judg...

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Re:Judge Rules Terrorism Watchlist Violates Constitutional R... by mises on Thursday September 05, 2019 @07:32AM (#20885646)
America is based on the idea that rather than having an enumerated list, you enumerate the most fundamental and simply say the feds have no right to trample on any thing not explicitly given them in the constitution.
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Re:Judge Rules Terrorism Watchlist Violates Constitutional R... by rileymat2 on Thursday September 05, 2019 @02:06AM (#20884237)
What is the definition of liberty? It seems travel would fall under it?
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Re:Judge Rules Terrorism Watchlist Violates Constitutional R... by paggle on Thursday September 05, 2019 @02:07AM (#20884245)
No, it’s imprisonment.
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Re:Judge Rules Terrorism Watchlist Violates Constitutional R... by JumpCrisscross on Thursday September 05, 2019 @02:59AM (#20884477)
> it’s imprisonment

This punts the question. What is imprisonment if not a restriction on free movement and association?

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Re:Judge Rules Terrorism Watchlist Violates Constitutional R... by Sacho on Thursday September 05, 2019 @02:13AM (#20884262)
All of these cases sounds like "administrative proceedings", which according to Cornell LII, have a (somewhat controversial) history of limitation due to the 5th?

https://www.law.cornell.edu/constitution-conan/amendment-5/a...

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