The whole exercise ignores the question of whether the Executive Branch has the power to make a list of citizens (or lawfully admitted non-citizens) and refuse those people their constitutional right to travel in the United States.
So why are armed goons keeping them off airplanes, trains, buses, and ships? Because the US constitution is like the USSR constitution -- nicely written, but unenforced? Because the public is too afraid of the government, or the terrorists, or Emmanuel Goldstein, or the boogie-man, to assert the rights their ancestors died to protect?
Tsk. Don't you know that you're with us or you're with the terrorists? If you're not careful the Justice Department will decide that you are a "person of interest" and whisk you off to an undisclosed location until the war on terror is over with a stopover in Saudi or Egypt for torture. A lifetime ago Franklin Roosevelt said "The only thing we have to fear is fear itself." Today the government is peddling fear itself.