|
November 25, 2007
"It can't happen here"
British blogger David Vance looks at an emerging phenomenon with clear implications for everyone -- whether Big Brother will restrict travel in England -- in order to save the planet from "global warming": Restricting the ability of citizens to travel is clearly an unpopular strategy for any politician to advance but if if comes from the left and done in the name of "Saving the Planet" then it is likely to win sympathetic media treatment and so become a real political possibility.I'm not sure that this is the first time in history that a government has restricted the right to travel. But after all, the citizens affected are in England, which is in Europe. I keep saying that Europe does not have the same history of freedom that we have here, and it never ceases to amaze me how many Americans think that they're "just like us." They are not. In fact, their lack of freedom is in the inspiration behind the idea of American freedom. Our experience with the divine right of kings consisted of kicking it out when the British king decided it was time to restrict the colonists' means of self defense. As to the right to travel, in this country it is not an express constitutional right. It is (like the right to privacy, which the right wing often claims does not exist) implied: As the Supreme Court notes in Saenz v Roe, 98-97 (1999), the Constitution does not contain the word "travel" in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress). The presumed right to travel, however, is firmly established in U.S. law and precedent. In U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." In fact, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all." It is interesting to note that the Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights.Of course, under the thinking of the founders, the federal government had only very limited, specifically-defined powers, reflected in two amendments which might as well not exist as they have been willfully and shamelessly ignored for decades: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.And: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. There being no power to restrict the right to travel, that means the federal gummint doesn't have it! (Unless, of course, I'm being overly, um "textual" in my analysis.....) The Wiki entry points out that the United Nations' Article 13 of the Universal Declaration of Human Rights reads as follows: Everyone has the right to freedom of movement and residence within the borders of each State.Should aggrieved British citizens try petitioning the UN? Hey why not? This being a satire blog, let me be the first to encourage them to do so! (Surely the UN will uphold the right to travel in the face of applied scientific theory.) Anyway, we should all be glad that this is not England, where environmentalist crackpots can abolish the right to travel. But the author closes by noting that the environmentalist crackpot in chief is a good friend of Bill Clinton, and wants him back in the White House where presumably his wife can overrule the "right" we so smugly infer: We British are the experimental rats in the carbon-mania laboratory. If Prime Minister Brown can get away with stopping us traveling by car and plane - and doing it in the name of cutting carbon emissions - isn't it possible that the people if the US might also face the future prospect of also being issued with "personal" carbon allowances by a munificent President Clinton? Is it imaginable that someday US citizens could be prohibited from traveling how and when they choose - and all in the name of saving the Earth?Not to worry. Here we overthrew the divine right of kings. Here we have the Constitution! And I for one take my implied rights literally! posted by Eric on 11.25.07 at 08:43 AM
Comments
I'm horrified ... plain and simple. China limits travel but certainly not for the same reason, but to the same ends. mdmhvonpa · November 25, 2007 10:42 PM I'm sure the UN would deny their petition--after all, they are free to leave the country any time they want, they just can't do it by motorized transport. They can always swim. Besides, it is done in the name of fighting Global Warming. The threat, in the face of which, all restrictions are good. This is a wonderful example of how Global Warming has been coopted by the authoritarians to achieve control of the population that they would never get by straightforward argument. Nevertheless, I am not concerned about it happening in the US. For all the handwringing over rising sea levels, people aren't going to make any significant sacrifices and they aren't going to vote for any politicians who ask them to. tim maguire · November 26, 2007 01:59 PM Cool site. Thank you! louis vuitton handbags · December 15, 2007 03:42 AM Post a comment
You may use basic HTML for formatting.
|
|
December 2007
WORLD-WIDE CALENDAR
Search the Site
E-mail
Classics To Go
Archives
December 2007
November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 May 2002 AB 1634 MBAPBSALLAMERICANGOP See more archives here Old (Blogspot) archives
Recent Entries
Preferential treatment for homeless dogs
Bussard Fusion Update In Passing Running On Empty Top Energy Stories of 2007 the holiday gift hump Look For The Union Label A Little Walking Around Music Rushing through the contractions of the solstice 4-year-old dies from "epidemic"
Links
Site Credits
|
|
The right to travel is guaranteed under the 9th amendment of the U.S. Constitution. Inference, not implication.