The power of III

Summum ius summa iniuria--More law, less justice

15 May 2011

Texas nullifies TSA. TSA responds with propaganda; the people call TSA's bluff (very well!!)

First, the TSA blog issues this propaganda piece, citing the Supremacy clause as their right to impose porno-scanners and grope-a-thons (...oh-ho, now you gone and done it): 


Texas House of Representatives Seeking to Ban Current TSA Pat-Down

What's our take on the Texas House of Representatives voting to ban the current TSA pat-down? Well, the Supremacy Clause of the U.S. Constitution (Article. VI. Clause 2prevents states from regulating the federal government. 

We wish we lived in a world where you could just walk on a plane with no security screening, but that just isn't the case unfortunately.  Aviation security agencies worldwide have been using pat-downs long before TSA was created to prevent dangerous items from getting onto airplanes. The pat-down is a highly effective tool to resolve certain alarms and keep these dangerous items off of planes that could cause catastrophic damage.  It's important to note that if a passenger (or bag) alarms during screening, our officers must resolve the alarm before allowing the passenger and their baggage on the airplane.

Here are some pat-down myths and facts:

Myth: Everyone who travels will receive a pat-down.

Fact: In fact, less than 3% of passengers receive pat-downs. Only passengers who alarm a walk through metal detector or AIT machine or opt out of the AIT receive a pat-down. In addition, some passengers may also receive a pat-down as part of our random, unpredictable security measures.  In his testimony to a Senate subcommittee, Administrator Pistole said: "The bottom line is few people in the overall scheme of things will actually receive those pat downs. Now, we've heard some examples, and obviously, there's a vocal group out there who have experienced this for the first time, and, rightfully so, raising concerns, what's behind this. And the bottom line is we, the transportation security officers in particular, are trying to work in partnership with the traveling public to say we want to ensure that you are safe on this flight. Work with us in a partnership to provide the best possible security. And that's what it comes down to."

Myth: All children will receive pat-downs.

Fact: No. TSA officers are trained to work with parents to ensure a respectful screening process for the entire family, while providing the best possible security for all travelers. Children 12 years old and under who require extra screening will receive a modified pat down. 

Myth: Complaints about the pat-downs are extremely high.

Fact: Only a small percentage of the traveling public receives a pat down as they travel through the security checkpoint.  Between November 2010 and March 2011, TSA screened nearly 252 million people. In that same time period, we received 898 complaints from individuals who have experienced or witnessed a pat down. That's roughly 0.0004%.

Myth: Pat downs for certain individuals are limited to the head and neck.

Fact: No one is exempt. Everyone is subject to the same screening. TSA is sensitive to religious and cultural needs, but everyone must be screened effectively.
...I got a question for the TSA's blogger Bob:  On an x-ray, is a baby's poop the same density as C-4?  Is a breast implant the same density as C-4?

Would you trust your anus to this man?

"Ma'am, I'm gonna have to ask you to remove your baby's diaper...Can't be too careful, can we?"

And just look how the American people respond in the TSA blog's comments section (I am proud of them) is a sample of the comments below the article:

Anonymous Anonymous Said...

Feel free to raise your number of complaints to 899.

Anonymous Anonymous Said...

If you're gonna plead the Supremacy Clause, then you have to abide by the enumerated powers. And you're not gonna wanna go there, cuz that would mean no federal role in aviation at all.

Anonymous CJ Grisham Said...

Nice take on states rights. Texas isn't trying to regulate the federal government , it's doing what all need to do which is keep te federal government from infringing on Constitutional rights and putting them back where they belong. The FACT is that TSA putdowns are a violation of our 4th amendment rights and criminal in their execution. I'm proud of my state for challenging the federal grab of the TSA. Most of you should be on a federal sexual predator list.

I'm also ashamed that my federal government would use the "everyone else was doing it first" argument as an excuse to violate our rights. Tell me, how many of those other countries have a constitution like ours?! NONE!! It's a petty, childish, and illogical argument.

About your "facts": 3% of Americans are having their 4th amendment rights violated for searches that have yielded NOTHING! Not a single thing. One child is too many if they don't set off a detector. Keep your hands off our future! Only a small percentage of us are sheepdogs, willing and able to stand up to the TSA and actually complain. The rest are Sherpa and have no problem with the Feds overstepping their constitutional limits.

See, I'm not even afraid to use my real name. You people don't scare us sheepdogs. We know who you work for. The American people. Not the other way around. TSA employees should be ashamed of violating our rights willfully!

Anonymous Anonymous Said...

The government has no role in the airlines operation...anymore than the .gov has any right to screen someone that is entering the mall. .gov has no Constitutional right to search anyone without a warrant. These are unreasonable searches and seizures and thank God for Texas. The TSA has never caught or stopped a ter'rist with these screenings.

Anonymous Anonymous Said...

I was wondering how long it would take for a response.

And, you still continue with the lies. For example you state complaints are low regarding the pat-downs. This is because of the threatening response always used by the TSA agent when encountering an irritated passenger "DO YOU WANT TO FLY TODAY". And you call this working with the public, sheesh.

It is no wonder the TSA has the distinction of being the most hated and despised agency in the United States with the IRS now in second.

Great work ladies and gentlemen.

Anonymous Anonymous Said...

Your propoganda is misleading... Just because people do not file complaints, it does not mean they are not there. I know a large number of people who refuse to fly at all because of your "screenings".
When we live life based on fear mongering, the terrorists have accomplished their goals.

On another more important note, the U.S. was founded on checks and balances. Where is the TSA's check or balance? All I see is an unchecked agency doing as it pleases (while giving large amounts of taxpayer money to corporations to which some TSA officials are tied).

Is this justice for the American people? Is subjecting a terrorized people to screenings and humiliating pat downs appropriate? When will the TSA be reigned in?

Anonymous Anonymous Said...

Sadly to everyone saying the government has no role in regulating aviation your arguments will be struck down thans to the (IMESHO) over broad powers the courts have granted the Federal government under the Interstate Commerce Clause.

And sadly I can see the courts siding with the Feds under that clause in this instance too. However it might be nice to have a TSO or two arrested to sort this out. That might have a chilling effect on the pat downs....

Anonymous Anonymous Said...

This is a country by the people for the people of the people. WE THE PEOPLE get to say when enough is enough. Neither the TSA, DHS, or the White house get to say they don't care if the public doesn't like the security procedures we are doing them anyway. If we the people say you have gone to far it is time to stop then you must stop. We WILL stop you from alienating our rights one way or another.


There's a lot more comments following, just gave you a sample.

In the opinion of those of us who hold by the compact theory of the origin of the United States' Constitution, the Supremacy Clause only applies when: 

a) The Federal government passes a law within the Enumerated powers of Article 1, Section 8
b) The law passed is deemed constitutional by the member State in question.

When the Fedgov is the final arbiter of it's own limits, just what do you suppose those limits are going to be?

If a State determines that a particular Federal law is unconstitutional, the State legislature is not only permitted, but morally and ethically obligated to (interpose the power of State law between the Federal government's enforcement of the unconstitutional law and that State's people) nullify that law. 

The current Texas example in question is a perfect illustration of what nullification (The Principles of 98) is supposed to be for.

My solution: give the individual airlines the responsibility for security.  They will have an incentive to be less expensive and more efficient.  

If an airline fails in providing their passengers tight security, their business will drop precipitously, maybe catastrophically (no pun intended). 

Passengers can then choose which airline to fly.  The individual carriers would have to publicize their approach to security and to which procedures its passengers are consenting when they purchase a ticket with that company. 

Some airlines may choose to market lower fares with lesser security, and others may market to the opposite thinking consumer, and let the buyer beware.

Thanks to the Drudge report for both main links that inspired this post.


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