Community > Posts By > jrbogie

 
jrbogie's photo
Tue 11/01/11 03:05 PM
Edited by jrbogie on Tue 11/01/11 03:30 PM




here's what many seem to be missing. drug tests when performed by an employer or potential employer are not protected by the fourth amendment. if you want the job, you submit to the test. there's nothing illegal about the "search". but when the government does a drug test without probable cause that a crime has been commited and no warrant issued it becomes an illegal search. you folks can argue all day that the court got it wrong but that will not make these laws constitutional.


Here is what you seem to be missing.

Various parolees, perpetrators of domestic violence, and others have been required to be drug tested which apparently did not violate their constitutional rights and there was no assumption of "presumed guilty" involved. It was merely a requirement to make sure the person was "walking the straight and narrow" to receive what they were receiving ... which could vary from time with children to time in jail.

I was drug tested to renew my pilot's license ... by the Federal Government; not an employer. I would think you would know that.


having been a professional pilot for four decades i must say that i've never had to renew my pilot certificate and for damn sure have never been drug tested by the faa or any other government agency. yes, the faa does require that employers perform pre employment and random drug testing for crew members, mechanics, etc., in the case of a company operating under the requirements of an air carrier certificate, ie, far 135, 121, 125, etc., but no pilot flying outside the requirements of these FARs is required by the government to be drug tested. but again, i suppose i could have missed something during all those years and nineteen thousand hours of flying as an atp and faa designated pilot examiner. but then i never was issued a "pilot's license" in the first place as i've always carried a pilot CERTIFICATE on which i can find absolutely no expiration date.

as regards what i may have missed regarding convicted criminals and parolees, due process of law and probable cause apply. it's near impossible to understand any of the amendments and the rights that they protect without seeing it in context with other amendments and the constitution itself. the fact is that the court found that drug testing does amount to an illegal search in welfare cases.


You are now using semantics to try to prove your point. This is considered intellectually dishonest.

You know perfectly well that you need a medical certificate for your pilot's license to be valid. Calling the license a certificate is using the FAA terminology but for Mingle, it's the same damn thing. And remember, Mingle is world wide, not just the US.

Since you profess great knowledge of the the FAA world for being a pilot (I am one too) I'll post the FAA rules for you.

§ 61.14 Refusal to submit to a drug or alcohol test.

(a) This section applies to an individual who holds a certificate under this part and is subject to the types of testing required under appendix I to part 121 or appendix J to part 121 of this chapter.

(b) Refusal by the holder of a certificate issued under this part to take a drug test required under the provisions of appendix I to part 121 or an alcohol test required under the provisions of appendix J to part 121 is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of such refusal; and

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.


I see no mention of "due process" or "just cause". I was asked to provide a sample of my urine at my last medical. Had I refused, my "certificate" would be toast.

I guess you don't fly anymore.


actually i do. your pilot certificate would never be toast. you would be able to excercise the privilages any time you decided to comply with all applicable far's. you'd still have your pilot cert. in your pocket and should you choose you could obtain certification to fly a glider or balloon and fly those the rest of your life with no medical certificate whatsoever. or you could fly light sport aircraft without a medical cert.

what you referenced applies to pilots flying for a far 121 air carrier. [appendix J to part 121] copied from your reference. you might have referenced far 135 and far 125 as well as i pointed out in my reply to you. unless you work for such an airline or charter operator, drug testing is not required by the faa and the faa never issues such tests anyway. as i said, drug testing is required by each airline's operating specifications which must be approved by the faa. you gave a urine sample at your last ame physical for testing two substances. blood and sugar. your urine is never tested for drugs, alcohol or anything else for issuance of any class medical certificate. far 67 will be of some help to you there.

i'm always anxious to learn, especially when it comes to flying. as an faa designated pilot examiner with the authority to issue certificates up to and including the level of airline transport pilot i've done my best to stay abreast of the many regulations that apply to flying and i readily await any new knowledge you might shed upon me.

jrbogie's photo
Tue 11/01/11 01:17 PM



What gets me is when people argue against these checks and balances by saying that welfare recipients have a right to privacy with how they spend the money. They don't. Its not their money.




the court did not consider who's money was who's. it considered what is and is not an illegal search.



A drug test as a requirement to receive assistance is NOT an illegal search because people are not required to ask for assistance. They can always decline to give the test.

An illegal search is when they are held down and forced to give a blood sample while being under arrest.



you and i don't get to decide what is and is not illegal, jeannie. that's what courts do.

jrbogie's photo
Tue 11/01/11 11:44 AM
Edited by jrbogie on Tue 11/01/11 11:49 AM




most americans have never read the constitution, for that matter.

i've read much case history as regards the right to bear arms. i suppose i could have missed something but nowhere have i read that the founder's intent of the second amendment was that the people would have the means to overthrow the government. indeed it was only recently, heller, that the supreme court applied the second amendment in any fashion other than a state right to form a militia, ie., national guard. since heller, of course we have the right for our self defence but numerous gun restrictions are still in force to the point that it would be virtually impossible for the people to be able to outgun and overthrow the government.


So you didn't read the post above you?


oh yes, read the letter years ago. was not in any case history though nor have i seen it cited as a point of law.


It is used often to indicate "founder's intent". In 1776 the citizens of England outgunned and out fought the government and subsequently formed the United States of America.

It has only been in recent times there was any need to test the Second Amendment in court because the meaning was clear in times past that the purpose was to protect the citizen from a government gone astray... just like the other amendments.


then perhaps you can point to some case history that shows the letter is used as a basis of founder's intent. i've known the federalist papers to be used to establish intent but never this letter. doesn't mean it hasn't happened just means i haven't seen it. but again, you might point me in the right direction with litigant's names, case number, whatever.

there have been numerous challenges to the second amendment as to it's meaning many of those by the nra or it's factions. it's true that the supreme court had not accepted a case for more than seventy years before heller but that was because it found no fault in lower federal court rulings that would merit an argument. but the district courts have seen challenges to gun laws often lately based on the second amendment.

jrbogie's photo
Tue 11/01/11 09:17 AM


There are several versions of the text of the Second Amendment, each with slight capitalization and punctuation differences, found in the official documents surrounding the adoption of the Bill of Rights.[5] One version was passed by the Congress,[6] while another is found in the copies distributed to the States[7] and then ratified by them.

As passed by the Congress:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

As ratified by the States and authenticated by Thomas Jefferson, Secretary of State:

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.[8]
***
The original hand-written copy of the Bill of Rights, approved by the House and Senate, was prepared by scribe William Lambert and resides in the National Archives.

The KEY word here is STATE ......not FED not National

It was written to ensure the STATE had the means to defend against enfringements of Gov't against it's rights!

The National Guard is not a STATE militia! It is under Fed control!


actually the second amendment was written and rewritten no less than seven times but that's a moot point. the amendment as it stands today is what governs law. several militia acts now define the national guard as a state militia for the purposes of the second amendment. for instance, the militia act of 1903 was used as a basis for the national guard to remove george wallace from the steps of the university of alabama to enforce the civil rights act. but yes, the word, "state" in the amendment applies to government, either federal or state. it never applied to individuals before dc v heller.

jrbogie's photo
Tue 11/01/11 09:03 AM


most americans have never read the constitution, for that matter.

i've read much case history as regards the right to bear arms. i suppose i could have missed something but nowhere have i read that the founder's intent of the second amendment was that the people would have the means to overthrow the government. indeed it was only recently, heller, that the supreme court applied the second amendment in any fashion other than a state right to form a militia, ie., national guard. since heller, of course we have the right for our self defence but numerous gun restrictions are still in force to the point that it would be virtually impossible for the people to be able to outgun and overthrow the government.


So you didn't read the post above you?


oh yes, read the letter years ago. was not in any case history though nor have i seen it cited as a point of law.

jrbogie's photo
Tue 11/01/11 08:59 AM


here's what many seem to be missing. drug tests when performed by an employer or potential employer are not protected by the fourth amendment. if you want the job, you submit to the test. there's nothing illegal about the "search". but when the government does a drug test without probable cause that a crime has been commited and no warrant issued it becomes an illegal search. you folks can argue all day that the court got it wrong but that will not make these laws constitutional.


How about, if you want welfare assistance, you submit to the test.

Period.




quite simple really, a federal court ruled such a requirement as unconstitutional.

jrbogie's photo
Tue 11/01/11 08:57 AM

What gets me is when people argue against these checks and balances by saying that welfare recipients have a right to privacy with how they spend the money. They don't. Its not their money.




the court did not consider who's money was who's. it considered what is and is not an illegal search.

jrbogie's photo
Tue 11/01/11 08:49 AM
Edited by jrbogie on Tue 11/01/11 08:53 AM


here's what many seem to be missing. drug tests when performed by an employer or potential employer are not protected by the fourth amendment. if you want the job, you submit to the test. there's nothing illegal about the "search". but when the government does a drug test without probable cause that a crime has been commited and no warrant issued it becomes an illegal search. you folks can argue all day that the court got it wrong but that will not make these laws constitutional.


Here is what you seem to be missing.

Various parolees, perpetrators of domestic violence, and others have been required to be drug tested which apparently did not violate their constitutional rights and there was no assumption of "presumed guilty" involved. It was merely a requirement to make sure the person was "walking the straight and narrow" to receive what they were receiving ... which could vary from time with children to time in jail.

I was drug tested to renew my pilot's license ... by the Federal Government; not an employer. I would think you would know that.


having been a professional pilot for four decades i must say that i've never had to renew my pilot certificate and for damn sure have never been drug tested by the faa or any other government agency. yes, the faa does require that employers perform pre employment and random drug testing for crew members, mechanics, etc., in the case of a company operating under the requirements of an air carrier certificate, ie, far 135, 121, 125, etc., but no pilot flying outside the requirements of these FARs is required by the government to be drug tested. but again, i suppose i could have missed something during all those years and nineteen thousand hours of flying as an atp and faa designated pilot examiner. but then i never was issued a "pilot's license" in the first place as i've always carried a pilot CERTIFICATE on which i can find absolutely no expiration date.

as regards what i may have missed regarding convicted criminals and parolees, due process of law and probable cause apply. it's near impossible to understand any of the amendments and the rights that they protect without seeing it in context with other amendments and the constitution itself. the fact is that the court found that drug testing does amount to an illegal search in welfare cases.

jrbogie's photo
Tue 11/01/11 08:26 AM
Edited by jrbogie on Tue 11/01/11 08:28 AM
most americans have never read the constitution, for that matter.

i've read much case history as regards the right to bear arms. i suppose i could have missed something but nowhere have i read that the founder's intent of the second amendment was that the people would have the means to overthrow the government. indeed it was only recently, heller, that the supreme court applied the second amendment in any fashion other than a state right to form a militia, ie., national guard. since heller, of course we have the right for our self defence but numerous gun restrictions are still in force to the point that it would be virtually impossible for the people to be able to outgun and overthrow the government.

jrbogie's photo
Tue 11/01/11 06:49 AM
here's what many seem to be missing. drug tests when performed by an employer or potential employer are not protected by the fourth amendment. if you want the job, you submit to the test. there's nothing illegal about the "search". but when the government does a drug test without probable cause that a crime has been commited and no warrant issued it becomes an illegal search. you folks can argue all day that the court got it wrong but that will not make these laws constitutional.

jrbogie's photo
Tue 11/01/11 06:34 AM
Edited by jrbogie on Tue 11/01/11 06:35 AM
i cannot think of a right whether listed in the bill of rights or anywhere else that the founders meant to protect absolutely in all cases. free speech is not protected if the speech incites violence for instance. at any rate, the first amendment is a tough subject when discussing separated from the rest of the constitution where due process of law, etc., is in play. if the question is, have anybody's first amendment rights been violated as shown in the video, my answer whould be NO.

jrbogie's photo
Tue 11/01/11 06:22 AM
true. but absense of evidence does not even a theory make.

jrbogie's photo
Tue 11/01/11 06:19 AM


hawking postulates that there was nothing before the big bang. no time, space, nothing.


Hawking is a limited thinker. He has NO imagination.

There is no such thing as "nothing"

"Nothing" cannot exist.

Now perhaps it would depend on how you describe "nothing."

Perhaps there was dark matter and dark energy.


wondering why you begin a thread with a question when you think you have all the answers, jeannie. "nothing" cannot exist???

jrbogie's photo
Mon 10/31/11 06:04 AM
i guess i'm the only one here old enough to remember the manufacturing flop that the ford PINTO was. nevermind.

jrbogie's photo
Sun 10/30/11 07:13 AM
afterlife; unknowable.

jrbogie's photo
Sun 10/30/11 04:47 AM
when we were dating my ex used to tell her friends that she'd finally found mr. right. after we'd been married a couple years she'd tell them that come to find out my first name is always.

jrbogie's photo
Sun 10/30/11 04:42 AM
oh yeah, then try and understand the pinto.

jrbogie's photo
Sun 10/30/11 04:33 AM
hawking postulates that there was nothing before the big bang. no time, space, nothing.

jrbogie's photo
Sat 10/29/11 06:20 AM
Once you can accept the universe as being something expanding into an infinite nothing which is something, wearing stripes with plaid is easy.


Albert Einstein

jrbogie's photo
Sat 10/29/11 06:18 AM
http://www.dhmo.org/facts.html

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