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The eighth amendment should make the no-fly list illegal.



"Cruel and unusual" has always been a very conceptually-flexible term.

Regarding flight: nobody is assumed to have a right to fly, so the privilege of access to flight is easily revoked.

A "no crossing state lines" list, in contrast, is heavily mediated by the judicial system and the burden generally only placed upon those intimately and immediately entangled in a legal action.




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