PRIVATE transportation, such as your own car, is a right.
PRIVATE transportation, such as an airplane you do not own, is NOT a right.
The 9th amendment does not guarantee me the right to fly on any plane I want, if the owner of that plane doesn't want me there. It is not illegal nor un constitutional for me, as an airline, to refuse to allow you to board my plane, unless you're a member of a 'protected' class.
Your 9th amendment argument sucks.
I'd interpret it this way:The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
IThe Ninth Amendment shall not be construed to grant or retain every single thing a person could possibly do in this world as being "their right."
Thank you, Quazi!
Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net
Funny... doesn't say HOW you have a right to travel, or that you have a right to travel in a particular manner or by a particular means of conveyance... just that you have the right to travel.As the Supreme Court notes in Saenz v Roe, 98-97 (1999), the Constitution does not contain the word "travel" in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress). The presumed right to travel, however, is firmly established in U.S. law and precedent. In U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." In fact, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all." It is interesting to note that the Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights.