Right to travel and airplanes

Robert Sheridan bobsheridan at earthlink.net
Wed Apr 11 19:05:26 PDT 2007

On Apr 11, 2007, at 4:12 PM, Volokh, Eugene wrote:

>  Should our analysis turn in part
> on whether those on the list are U.S. citizens, U.S. resident  
> aliens, or
> nonresident aliens?  For instance, say that the government concludes
> that some Pakistani resident may well be a terrorist; would it violate
> his constitutional right to travel to bar him from boarding planes  
> that
> are flying from, to, or within the U.S.?


Well, the Padilla case emphasized that he was a USC (US Citizen) in  
holding that he was entitled to some process called due, which  
included the appointment, by the USSC, of counsel.

Non-citizens outside the US are not entitled to DP, as I understand  
it, such as when denied a visa by a US consul abroad, altho' I could  
be wrong.  So, assuming the "some Pakistani resident" abroad seeks to  
board a US-flag plane abroad is not a USC, I don't think he has  
recourse to US courts, much less a claim of right.  Different if the  
resident of Pakistan, like Mr. Padilla, was born in the U.S. and thus  
a USC by birth, thanks to the 14th Amd.


In case I forgot to mention the name of the Israel, Kamisar, LaFave  
casebook earlier, for which apologies, it is "Criminal Procedure and  
the Constitution," West Group, 2002 edition.

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