What do you think?
Flying ants have three body parts, termites pinched behind the head. I can’t tell from the pictures what you are looking at, but hope that helps.
To positively identify these critters I would need a much larger closeup. Carpenter ants have a specific thorax shape which is the most accurate identifier. Unlikey they would be termites in the open like that.
You have mail
Unless they just swarmed, I have never seen a termite just walking around. If there are no wings in the area, I would bet that they are not termites.
For my reports, I’d take a picture up close.
Kill one.
Put it on a piece of white paper.
Set your camera on micro.
Get in close and focus.
Take the shot.
Look for elbowed antennae for ants - straight for wingless termite.
Check out the best online training (learn at your own pace) WDO course (IMHO 
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I was able to do a little editing to the picture and zoom in to the insect in question and it is a carpenter ant and not a termite. Believe me I am a certified pest control operator in Florida (Termiteville).
I attached something on identification that may be helpful with the differences between these insects.
Jose’ F. Uz, Ph.D., CRC, CPO, CHI, CHC, M-NFPA, NACHI, FHA INSP., FABI
President
[size=5]Caribbean**[size=3]Realty Support Services, Inc.[/size]**
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*
Aside*:
I believe that all home inspectors should be trained in WDO.For many reasons, including:
- WDOs can damage the structural components of a building
- Use your training and certificate in your marketing
- Structural repairs may have been part of WDO treatment
- Signs of WDO treatment may indicate other concerns about the building
- You know what you’re looking at when you have knowledge
- You can answer questions such as, “What’s that pile of sawdust from?”
- WDO management and prevention techniques in construction overlap the things that home inspectors look at
- Finding infestation without signs of treatment is valuable
- The age of WDO treatment (how long ago the treatment was performed) is valuable information to pass on to the new homebuyer. If a barrier treatment is old, it may not be reliable.
- and on and on…
Free, online WDO course - with state accreditation - http://www.nachi.org/wdocourse.htm Learn at your own pace. Take the exam as many times as needed.
Every InterNACHI inspector should have taken this course by now. No excuses.
IMHO
Ben’s photo shows the true way to determine carpenter ant identity. The thorax on all other ants is not smoothly rounded like the one shown. Without seeing a side view it’s really difficult to identify. Size and color are not identity features.