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#11
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At least 4 jets strand Conn. passengers for hours
In message someone claiming to be Fly Guy
typed: DevilsPGD wrote: Constitutional rights only impact on governmental actions, No, I think constitutional rights apply to the private sector as well. You should read up on that. (Hint, it's governmental action only.) Can an airline have a policy where blacks are seated at the back of a plane? Regardless of the economic or PR impact such a policy may have, can they legally have such a policy? No; but not due to constitutional restrictions, there are other laws which prohibit such (or rather, which define penalties for doing so) -- It's always darkest before dawn. So if you're going to steal your neighbor's newspaper, that's the time to do it. |
#12
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At least 4 jets strand Conn. passengers for hours
Kurt Ullman writes:
Constitutional rights only impact on governmental actions, not the actions of a private entity. Completely false. Every entity must respect most Constitutional provisions, not just the government. The best you might be able to do might be kidnapping or something similar because you were held against your will, but I wouldn't want to press it. I would. In fact, I'd just open the door, blow the slide, and leave. |
#13
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At least 4 jets strand Conn. passengers for hours
Kurt Ullman writes:
Again, that is most likely subject to availability of crews to bring the stairs around, was there any place in the overcrowded airport to move the planes that did not violate other FAA rules? Which FAA rules do you have in mind, specifically? |
#14
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At least 4 jets strand Conn. passengers for hours
DevilsPGD writes:
You should read up on that. (Hint, it's governmental action only.) No, it's not. Constitutional provisions apply to the government only when they specifically say that they apply to the government only or when this is the only possible interpretation. Otherwise they apply to everyone. States cannot pass laws that conflict with the Constitution, even though they are not part of the Federal government. And individuals and corporations cannot engage in practices that conflict with the Constitution, either. There wouldn't be much point in having a constitution if only the government had to obey it. |
#15
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At least 4 jets strand Conn. passengers for hours
Fly Guy writes:
Can an airline have a policy where blacks are seated at the back of a plane? No. It's prohibited by 49 USC § 40127, Prohibitions on discrimination, paragraph (a). Paragraph (b) imposes the same prohibition on airports. |
#16
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At least 4 jets strand Conn. passengers for hours
Sancho Panza writes:
A law passed by Congress and signed by the President prohibits that. You know, it's not that hard to actually look things up. The "law passed by Congress" is 49 USC § 40127. The authority to pass this law is granted to Congress by the Constitution. |
#17
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At least 4 jets strand Conn. passengers for hours
Kurt Ullman writes:
That is written law, not constitutional. The Constitution is written, too, and it grants authority to Congress to pass laws. |
#18
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At least 4 jets strand Conn. passengers for hours
DevilsPGD writes:
No; but not due to constitutional restrictions, there are other laws which prohibit such (or rather, which define penalties for doing so) The "other law" is 49 USC § 40127 (a). I guess I'm the only person here who actually looked it up rather than try to bluff my way through it. |
#19
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At least 4 jets strand Conn. passengers for hours
Regarding the aspect of this thread pertaining to the (US) constitution
(and you'll have to forgive me because as a Canadian, while I know more about the US constitution than my own "charter of rights and freedoms" I don't know it all), It does seem that the US constitution does not really govern the legal relationship between US citizens - be they real citizens (ie - human beings) or corporations. Only between the gov't (perhaps any level of gov't) and citizens (as well as perhaps between different levels of gov't). The concepts that the constitution speaks to are not really ones that exist between citizens. For example, an individual or even a corporation can not take away or impact my right to free speech or my ability to perform free speech. An employer may fire me for excercising free speech, but they can't imprison or fine me or take away my property (or life, or liberty, etc). But with regard to holding me on a plane for 7 hours against my will, here we have a corporation (a legal person) interfering with my liberty. Unless this has already been dealt with by the supreme court, I say that it's high time that it should be. |
#20
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At least 4 jets strand Conn. passengers for hours
In article ,
Mxsmanic wrote: Kurt Ullman writes: Constitutional rights only impact on governmental actions, not the actions of a private entity. Completely false. Every entity must respect most Constitutional provisions, not just the government. Nope. I can kick you off my property at will even if you are OWS and are occupying. No repercussions because there is no requirement that I give you freedom of speech. Etc etc. etc. The first amendment, for instance, says specifically that Government shall not, etc. The best you might be able to do might be kidnapping or something similar because you were held against your will, but I wouldn't want to press it. I would. In fact, I'd just open the door, blow the slide, and leave. But then you have violated (techically anyway) violated federal law and you could be subject (technically anyway) to criminal prosecution. -- People thought cybersex was a safe alternative, until patients started presenting with sexually acquired carpal tunnel syndrome.-Howard Berkowitz |
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