More Thoughts on Coming and Going

Here is a little research into the right to come and go, the right to travel. It is a right that we seldom think about or consider.

Where is the right to travel here and about for whatever reason expressed in the Constitution?

No where is the right expressed.

Now, the Articles of Confederation in Article IV provide that “the people of each State shall have free ingress and regress to and from any other State.” That’s it. That’s the last time the right was enumerated. But, of course, it is an imputed right as its denial abridges, harms other rights. The right is so elementary that it was conceived and is from the beginning understood to naturally accompanying the U.S. Constitution. The right follows from the Constitution. “The right to travel is self-evident and no force of expression adds to its truth.” (Note: paraphased from Chief Justice Marshall).

So this right to travel is a privilege and immunity. It is first addressed first in Article IV, Section 2 of the Constitution. “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens of the several States.”

A strong motivation to form the United States was to facilitate commercial intercourse and with it intellectual, cultural, scientific, social and political interests are served by free movement.

If a State obstructs the free intercourse of people, goods or ideas, then the forces, the bonds of the country, the union, are impaired or perhaps threatened. A liberty interest cannot be taken away without due process of law includes liberty of speech, press, assembly, religion, and also liberty of movement.

Comining and Going - A Civil Right

Your coming and going.

You do not think about it.

It is something you just do.
But, it IS a protected civil right.

You seldom think about the right to come and go.

The rights, privileges and immunities secured by the Constitution and laws of the United States mean there is an inherent right to travel free from restrictions unrelated to legitimate government objectives.

I never gave that civil right much thought until I read the indictment that Kelly and Baroni were convicted of today. Bridgegate. When they conspired to close lanes on the George Washington Bridge they impeded, harmed and denied the rights of thousands of persons their freedom to come and go.Their doing so amounted to conspiracy as there was no legitimate government function in what they did. See the indictment for a seminar about your rights at https://www.justice.gov/usao…/file/768866/download

Missed business appointments, medical appointments, loss of income reporting to work late, waste of fuel by the delay, avoidable air pollution - some of the things that come to mind in lane closures.  There may have been court appearances missed causing a defendant to be at further risk in the criminal justice system for failure to appear. A plaintiff in a civil case has further delays to their claim. Worse, the plaintiff's case might have been dismissed.  A professional licensure examination was missed causing disqualifiaction to practice a profession. These are just a few situations that come to mind. Given the thousands of persons denied the civil right to come and go, multiply the outcomes and affects, is a 20 year sentence unreasonable?

As for Mr. Christie, per the departed Paul Harvey, "Stand by for news!"

Why Can't the United States Build a High-Speed Rail System?

http://www.citylab.com/politics/2014/08/why-cant-the-united-states-build-a-high-speed-rail-system/375980/

Will High Speed Rail Ever Happen?

If a political party of NO exists and that same party does not KNOW; what are the chances?

http://www.citylab.com/work/2013/10/will-us-ever-get-high-speed-rail-anywhere/7314/

Aerotrain PRR - New York to Pittsburgh

Here is an April 1956 article from the Pennsylvania Railroad employee magazine, Pennsy. It describes a new 7 and 1/2 hour schedule between Pittsburgh and New York city using a light weight, low center of gravity design by General Motors. It was called the Aerotrain. The passenger cars used components from intercity GM buses. The experiment lasted about two years. It is unclear why it was abandoned. The Aerotrain was reportedly noisy. The segmented, jointed rails would have contributed to the migration of noise into the passenger cars. The locomotive made more noise than conventional passenger diesel locomotives. Early on suspension adjustments were required that the New York Times reported was an effort to lessen "shake, rattle and rule." Or, maybe it was simply the flight from intercity passnger trains to private automobiles that was then underway. The schedule was as fast as the schedule for the famed Broadway Limited all pullman passnger trai at 7 and 1/2 hours.

Amtrak now delivers a 9 hour 20 minute schedule.

An eastbound Aerotrain at the Juniata Works, PRR locomotive and rolling stock repair facility, about two miles from the Altoona passenger station:

Westbound Aerotrain at Altoona passenger station in background:

Westbound Aerotrain a few miles west of the Altoona passenger adjacent to a signal tower called "Slope" as this was near the base of the slope or grade over the Allegheny frontal through the Horseshoe Curve to top of the grade at Gallitzin, PA:

AMTRAK 188 NTSB Criticism by Railway Age Magazine Columnist Schanoes

Reiterating: The reason Amtrak 188 derailed is that the Northeast Corridor is a Pennsylvania Railroad line based upon 19th century civil engineering. The curve at Frankford Junction should  be reduced to one percent allowing for 90 mile per hour operation. IF it were built to 90 mile per hour standard then a 106 mile per hour mistake is not likely to cause anything more than passenger discomfort.

The Northeast Corridor is obsolete and overburdened with multiple tasks: Amtrak, transit and freight.                                                                                                                                                            
The NTSB speculates that operator distraction to a radio communication by a SEPTA crew member about being subjected to rock throwing vandalism might have contributed to the Amtrak engineer's distraction. That might be the case. It is official speculation. But, as accident investigations are much like the expression, "For the want of nail a shoe was lost, a horse was lost, a battle was lost, a kingdom was lost,"  speculation is not an investigation finding.
                    
IF SEPTA was not sharing the railroad then there would not have been the distraction leading to over speed through a needlessly sharp curve?                                                                                       

Why is the Northeast Corridor so lacking in security that a rock throwing vandal can hit a SEPTA or any other train? That kind of vandalism has been happening for decades.

Curvature on the Northeast Corridor must be eased throughout its length.

The Northeast Corridor right of way must be secured in order to prevent vandalism,  let alone potential sabotage / terrorism.

Looking at the exchange between a columnist with the trade journal, Railway Age Magazine, one can see valid criticism of the NTSB and its Amtrak 188 investigation findings beyond this writers basic and fundamental contentions. Columnist David Schanoes has a wealth  of railroad operations and engineering knowledge. Check it out at http://www.railwayage.com/index.php/blogs/william-vantuono/amtrak-188-wreck-opinion-ntsb-responds.html?channel=54&Itemid=490

Real Reason Amtrak 188 Wrecked

The real reason Amtrak 188 wrecked was that an 1864 railroad right of way alignment had never been eased. IF the curve at Frankford Junction had been eased to 1%, then Train 188 would have been above the speed limit of 90 mph but the train would have NOT derailed.

The Northeast Corridor is an amazing demonstration of what can be accomplished over alignments designed in the 1850's and 1860's.

Here is the New York Times article discussing the NTSB report:
http://www.nytimes.com/interactive/2016/05/17/us/amtrak-train-crash-derailment-philadelphia.html?hp&action=click&pgtype=Homepage&clickSource=g-artboard%20g-artboard-v3%20&module=photo-spot-region&region=top-news&WT.nav=top-news

What is engineer Bostian's status? Is he operating freight locomotives? Ironically, being a freight engineer means you work with a conductor in the locomotive cab.