Subject:
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Re: Gotta love Oracle...
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Wed, 24 Oct 2001 17:01:02 GMT
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Viewed:
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644 times
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In lugnet.off-topic.debate, Dave Schuler writes:
> In lugnet.off-topic.debate, Larry Pieniazek writes:
>
> > Absent of being suspected of a specific crime there is no constitutional
> > requirement to say who in particular you are if you are in a public place.
> > Certainly private property owners can impose whatever restrictions on their
> > property use they wish, including the presentment of satisfactory ID, but
> > public property is not private, and the government can impose no such and
> > still remain constitutional.
>
> Is it, therefore, unconstitutional that the government require ID checks
> prior to allowing admission into CDC labs, for instance? These are
> government property, ie: public property, are they not?
To answer this question you first have to answer two related and subordinate
questions:
Is the function that this facility carries out itself constitutional? If
not, then requiring ID or not is a moot question since the facility SHOULD
be privately owned.
If (and only if) the function is constitutional, then, is the facility
public property in the town square sense?
For the CDC example, I get "no" to the first question (the CDC is not a
legitimate public function), making the second moot.
For the example of, say, a military base on US soil, I get yes to the first
question, making the second question relevant, and the answer to the second
question is no. There is no reasonable expectation of access by the general
public to the facility. Hence ID requirements to validate access, by
specific people who have a specific need to be there, are reasonable.
Not all government property is a "public place".
In some versions of Libertopia none of it would be (town squares would be
private, roads private, courthouses private, etc... leaving only military
bases and police stations, which are not public places, unless you went all
the way to anarchocapitalist in which case those are private too).
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Message is in Reply To:
 | | Re: Gotta love Oracle...
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| (...) Is it, therefore, unconstitutional that the government require ID checks prior to allowing admission into CDC labs, for instance? These are government property, ie: public property, are they not? Dave! (23 years ago, 24-Oct-01, to lugnet.off-topic.debate)
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