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by othermaciej 4826 days ago
These uses of the word "privilege" are all defining rights, not privileges in the sense you mean. Here is an example of Supreme Court jurisprudence on the Privileges and Immunities Clause (from the landmark Slaughterhouse Cases):

[P]rivileges and immunities....are, in the language of Judge Washington, those rights which are fundamental. Throughout his opinion, they are spoken of as rights belonging to the individual as a citizen of a State....

Or were you claiming above that flying is one of those rights which are fundamental?

1 comments

Of course not. I was simply responding to the incorrect assertion that the concept of privilege isn't mentioned at all in the constitution. I pointed out that it is.

As far as the type of privilege, consider the privilege of immunity from arrest and accusations of libel etc., that members of Congress enjoy - but only within the legislature. This is a quite limited one, contingent on being a lawmaker and being engaged on legislative business. I mistakenly thought that this would be obvious from a reading of the text.

Of course I am not arguing that flying is a fundamental right. I rather describe it a privilege precisely because it is not fundamental, as observed upthread: https://news.ycombinator.com/item?id=5467700

The Constitution uses the word "privilege", but it does not mention the concept of privilege as you are using it. "Privileges" in the constitution aren't distinct from or weaker than rights - they are considered fundamental rights. The Supreme Court said so and I think their interpretation counts for more than yours.

That is probably why you got down voted - your citation is factual, but completely misleading in context.

To address the specific example you mention here: the privilege of immunity from arrest for members of Congress cannot be infringed except for specific enumerated exceptions. It's not the kind if "privilege not a right" that may be arbitrarily harshly regulated that you were talking about.

The law is not stupid. Courts understand that words have more than one meaning and that context matters. Given how rude and condescending you have been on this thread, you should learn more about how constitutional law actually works.