Comment The requirement for ID is not in law (Score 2, Informative) 1568
Administrative Acts of Congress require implementing regulations in order to have "general effect" or to allow them to "affect substantive rights;" see the Adminstrative Procedure Act and the Federal Register Act.
The Federal Register Act requires that regulations must be published in their entirety in the Federal Register so that the people can be given notice of the manner in which the laws are to be administered to them. This Act also requires that the complete text of a regulation be published so that there are no "secret" regulations. The airlines will not show to you Federal Aviation Administration Security Directive 108-01-10 (issued Sept. 28, 2001), which they will say authorizes them to limit your substantive right to liberty and to be free of unreasonable search and seizure. This constitutes a secret regulation, which is not allowed by the laws of the United States or by the Constitution.
If ignorance of the law is no excuse, then how can I be expected to comply with law that is not publicized?
There is no mandate from CONgress that government issued identification is to be required in order to fly domestically. The regulations were transferred from 14 CFR part 107/108 to 49 CFR parts 1540 &seq on 22 Feb 2002 - 67 FR 8377.
If you look thru Title 49 United States Code in Chapters 401 thru 501, the only hit on "identification" will be identification numbers of aircraft. If you look thru Title 49 of the Code of Federal Regulations, parts 1540 &seq, you will find no mention of the word "identification" except with relationship to aircraft -- not passengers.
The requirement for identification is in the contract of carriage with the airline. You buy the ticket, you are bound by the contract. The contract states that they can refuse boarding to those who refuse to show "positive identification." That is why Gilmore's suit will ultimately fail.
I do not have any state issued identification. I cannot get any without a social security number and I do not have one. only aliens applying for permanent residency are required to make application; see 42 USC 405(c)(2)(B)(i)(I). For all others (citizens) it is contigent upon receiving direct benefits payable in federal funds; see sub paragraph (II). I am in neither catagory.
I use my Sam's club card. Have never been refused boarding.
The "secret" security directive says that the AIRLINES, not the Air Gestapo, are to check ID. If the person does not have ID (is unable, rather than unwilling to show ID), then they are to do "positive bag matching," which means my bags do not get on the plane until I do. This suits me fine, as my bags are invariably the first ones off the plane and on the carousel.
If you do not know what the law says, then you cannot enforce it. If they do not tell you what the law says, then you are not obliged to obey it.
The Federal Register Act requires that regulations must be published in their entirety in the Federal Register so that the people can be given notice of the manner in which the laws are to be administered to them. This Act also requires that the complete text of a regulation be published so that there are no "secret" regulations. The airlines will not show to you Federal Aviation Administration Security Directive 108-01-10 (issued Sept. 28, 2001), which they will say authorizes them to limit your substantive right to liberty and to be free of unreasonable search and seizure. This constitutes a secret regulation, which is not allowed by the laws of the United States or by the Constitution.
If ignorance of the law is no excuse, then how can I be expected to comply with law that is not publicized?
There is no mandate from CONgress that government issued identification is to be required in order to fly domestically. The regulations were transferred from 14 CFR part 107/108 to 49 CFR parts 1540 &seq on 22 Feb 2002 - 67 FR 8377.
If you look thru Title 49 United States Code in Chapters 401 thru 501, the only hit on "identification" will be identification numbers of aircraft. If you look thru Title 49 of the Code of Federal Regulations, parts 1540 &seq, you will find no mention of the word "identification" except with relationship to aircraft -- not passengers.
The requirement for identification is in the contract of carriage with the airline. You buy the ticket, you are bound by the contract. The contract states that they can refuse boarding to those who refuse to show "positive identification." That is why Gilmore's suit will ultimately fail.
I do not have any state issued identification. I cannot get any without a social security number and I do not have one. only aliens applying for permanent residency are required to make application; see 42 USC 405(c)(2)(B)(i)(I). For all others (citizens) it is contigent upon receiving direct benefits payable in federal funds; see sub paragraph (II). I am in neither catagory.
I use my Sam's club card. Have never been refused boarding.
The "secret" security directive says that the AIRLINES, not the Air Gestapo, are to check ID. If the person does not have ID (is unable, rather than unwilling to show ID), then they are to do "positive bag matching," which means my bags do not get on the plane until I do. This suits me fine, as my bags are invariably the first ones off the plane and on the carousel.
If you do not know what the law says, then you cannot enforce it. If they do not tell you what the law says, then you are not obliged to obey it.
