There's no such concept as "a privilege" in the constitution. The constitution isn't a definition of what citizens can do, it's a definition of what the government can do. Like I don't give a crap about the rest of this dumb argument, but drawing some weird distinction and calling one thing a privilege and another a right while wrapping it up int he Constitution is vapid.
The Senators and Representatives shall receive a compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Article I Section 9
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Article IV section 2.1:
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Amendment XIV:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State [...]
--
I personally don't care for textualist arguments, but the concept of privilege is explicitly mentioned 4 times in the Constitution.
EDIT: I'm getting downvoted for pointing out a fact, with citations. Impressive.
These uses of the word "privilege" are all defining rights, not privileges in the sense you mean. Here is an example of Supreme Court jurisprudence on the Privileges and Immunities Clause (from the landmark Slaughterhouse Cases):
[P]rivileges and immunities....are, in the language of Judge Washington, those rights which are fundamental. Throughout his opinion, they are spoken of as rights belonging to the individual as a citizen of a State....
Or were you claiming above that flying is one of those rights which are fundamental?
Of course not. I was simply responding to the incorrect assertion that the concept of privilege isn't mentioned at all in the constitution. I pointed out that it is.
As far as the type of privilege, consider the privilege of immunity from arrest and accusations of libel etc., that members of Congress enjoy - but only within the legislature. This is a quite limited one, contingent on being a lawmaker and being engaged on legislative business. I mistakenly thought that this would be obvious from a reading of the text.
Of course I am not arguing that flying is a fundamental right. I rather describe it a privilege precisely because it is not fundamental, as observed upthread: https://news.ycombinator.com/item?id=5467700
The Constitution uses the word "privilege", but it does not mention the concept of privilege as you are using it. "Privileges" in the constitution aren't distinct from or weaker than rights - they are considered fundamental rights. The Supreme Court said so and I think their interpretation counts for more than yours.
That is probably why you got down voted - your citation is factual, but completely misleading in context.
To address the specific example you mention here: the privilege of immunity from arrest for members of Congress cannot be infringed except for specific enumerated exceptions. It's not the kind if "privilege not a right" that may be arbitrarily harshly regulated that you were talking about.
The law is not stupid. Courts understand that words have more than one meaning and that context matters. Given how rude and condescending you have been on this thread, you should learn more about how constitutional law actually works.
No, the word "privilege" is mentioned 4 times. None of those instances are used in the same sense as you're using the word. Anyway this has officially crossed into the absurd. You win, bye.
