Jack M wrote:
Does the right to travel the highways without license from the government also extend to the airways?
My thoughts are yes! But only if you are traveling privately. i.e.: personal aircraft(non-registered), parachute, balloon, etc.
The "United States Supreme Court" has ruled that:
22.1 Undoubtedly the "RIGHT" of locomotion, the "RIGHT" to remove from one place to another according to inclination, is an attribute of personal liberty, and the "RIGHT," ordinarily, of free transit from or through the territory of any State is a "RIGHT" secured by the Fourteenth Amendment and by other provisions of the Constitution. See: Williams v. Fears, 343 U.S. 270, 274
Property
The right to travel is a part of the 'liberty' of which the citizen cannot be deprived
without due process of law under the Fifth Amendment. If that "liberty" is to be regulated, it must be pursuant to the law-making functions of the Congress. . .Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, . . .may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.
62 C.J.S. Municipal Corporations §148 et seq; citing Kent v Dulles, supra
Personal Liberty -- II. Next to personal security, the law of England regards, asserts, and preserves the personal liberty of individuals. This personal liberty consists in the power of locomotion, of changing situation,
or moving one’s person to whatsoever place one’s own inclination may direct, without imprisonment or restraint, unless by due course of law. Concerning which we may make the same observations as upon the preceding article, that it is a right strictly natural. --Blackstone’s Commentaries 1:120 – 41. --Henry Paul Monaghan – “Of Liberty and Property,” Cornell Law Review 62 (March 1977) 411.
Travel. Noun: A [constitutionally protected] right under
Article cannot be shown