Number: RL32664
Title: Interstate Travel: Constitutional Challenges to the Identification Requirement and Other Transportation Security Regulations
Authors: Todd B. Tatelman, American Law Division 
Abstract: Recently, news reports have noted that at least two members of Congress have been delayed because of concerns relating to similar names appearing on such lists. Moreover, a California resident has brought a suit against the government alleging that the secret nature of these laws violates established rights under the Fifth Amendments due process clause, as well as the constitutionally protected right to travel and the First Amendment. While it is unclear precisely what the court will decide, the lawsuit raises constitutional questions not only about the scope of the federal governments authority to prescribe regulations that impact the ability of citizens to freely move within our countrys borders, but also about the governments ability to keep those regulations from public scrutiny. This report examines the legal basis for the transportation security measures, including the SSI regulations, and analyzes the constitutional provisions under which these measures are currently being challenged.
Pages: 12
Date: December 21, 2004