The TSA fires back against the State House passing bill against the banning of TSA's enhanced pat downs citing and body scanners citing the supremacy clause in the US Constitution gives them power over the State. Using a very weak argument in the TSA blogs stating: 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 2) prevents states from regulating the federal government. That is the very weak argument they are using to justify the groping,full body scanners and all the other very intrusive measures they use are unnecessary when there is no probable cause.
The argument is very lame on its face the TSA is using to counter Texas. Here is the full text of the supremacy clause of the US Constitution : This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding (Article 6 sec 2) US Constitution .
The supremacy clause mentions nothing about the TSA overruling state law. It can not assert itself supreme over the states. I just think the TSA is using selective thinking. They see the word "Supreme" and think it justifies their actions. They forget to read rest of the text or the rest of the Constitution . Especially the word in the same text of the supremacy clause saying"not withstanding"
Sorry TSA. The Fourth Amendment of the Bill of Rights has not been repealed either. Texas has the full legal right to pass laws against groping ,unreasonable search and seizures to protect the people from such abuse by the Federal government . It is the legal obligation of the states to erect barriers against Federal encroachments and abuses through the 9th and 10th Amendment of the Bill of Rights. There is a long train of abuses by the TSA. The people ask for the State legislator in Texas to act. They did by passing this bill with overwhelming margin moving to the Senate to be passed.
The public backlash will only intensify against the TSA when they roll out on the streets of America being in our bus stations and in our shopping malls. People will not tolerate if the TSA goes that far. When this bill gets passed into law. It will be a long legal fight all the way to the US Supreme Court were there is a good chance either way the court will uphold Texas state law or side with the Federal Government. It is very unpredictable to tell what direction the high court will go. It is will be a long legal fight. The TSA and Homeland Security will not go down without a fight on this one. The Obama White House will retaliate to punish Texas for challenging the TSA. Just how has me thinking how will they?
The argument is very lame on its face the TSA is using to counter Texas. Here is the full text of the supremacy clause of the US Constitution : This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding (Article 6 sec 2) US Constitution .
The supremacy clause mentions nothing about the TSA overruling state law. It can not assert itself supreme over the states. I just think the TSA is using selective thinking. They see the word "Supreme" and think it justifies their actions. They forget to read rest of the text or the rest of the Constitution . Especially the word in the same text of the supremacy clause saying"not withstanding"
Sorry TSA. The Fourth Amendment of the Bill of Rights has not been repealed either. Texas has the full legal right to pass laws against groping ,unreasonable search and seizures to protect the people from such abuse by the Federal government . It is the legal obligation of the states to erect barriers against Federal encroachments and abuses through the 9th and 10th Amendment of the Bill of Rights. There is a long train of abuses by the TSA. The people ask for the State legislator in Texas to act. They did by passing this bill with overwhelming margin moving to the Senate to be passed.
The public backlash will only intensify against the TSA when they roll out on the streets of America being in our bus stations and in our shopping malls. People will not tolerate if the TSA goes that far. When this bill gets passed into law. It will be a long legal fight all the way to the US Supreme Court were there is a good chance either way the court will uphold Texas state law or side with the Federal Government. It is very unpredictable to tell what direction the high court will go. It is will be a long legal fight. The TSA and Homeland Security will not go down without a fight on this one. The Obama White House will retaliate to punish Texas for challenging the TSA. Just how has me thinking how will they?
I had a Border Patrol lawyer tell me that in order for me to get -the name- of an agent I was seeking to have criminally investigated and prosecuted by my local police, I would have to file a Freedom of Information request.
ReplyDeleteThe law in this country means absolutely nothing when interpretations like these are going on all the time. These people are out of control.
This Administration from top to bottom is so full of lies and deceit, it would serve the country quite well if someone took them to task.
How our government is still hanging on, is beyond me. If revolution were put to a vote, it would pass in a heartbeat.
If you are not afraid, you should be.
If you are not angry, get angry.
These jackasses want to raise the debt ceiling to pay for more of this sort of cockamamie bullshit.
Anyone who votes for raising the debt ceiling is a treasonous enemy of the people and should be hunted down like a dirty dog.
I do not care if the banks do finally lose their federal financial support and go bankrupt.
They need to go bankrupt. They have caused this debacle.
Don Robertson
http://MaineArtists.US
Limestone, Maine
HHHHMMMMM,the doctors used to say "DO NO HARM"
ReplyDeleteto mr Robertson with all due respect,this gonvnt IS HARMING their own people,but a shut off of the ssi ect will hurt poor people,that IS the blackmail of this. We must de crookify dc or else.
But,my comment is:TEXAS signed a treaty with the US in 1845,the US now claims it is invalid because of the civil war.This made THE REPUBLIC OF TEXAS a state with rights like succession,split into 5 states,ect.
HOW the hell can they steal our rights and blow it off with a trite excuse like that! LOL
NobodysaysBOO
I don't think the key is the 'not withstanding' clause. I'm no lawyer, but to me that clause means that state judges must defer to federal statutes whenever there is a conflict between state and federal law.
ReplyDeleteI think the rightful remedy would be the 'in pursuance thereof' clause because as you point out the Fourth Amendment hasn't been repealed; as in, "All laws which are repugnant to the Constitution are null and void", Chief Justice Marshall, Marbury vs. Madison, 5, U.S. (1 Cranch) 137, 174, 176, (1803).
Of course, I don't expect for one minute that the Supreme Court would hesitate to overturn its own previous ruling. I just hope Mr. Perry signs the bill into law so the ball can finally get rolling on this matter.
Nullifier is correct about the "in pursuance thereof" clause. Additionally the tenth amendment says that the federal government is limited to the powers outlined in the constitution and any powers not granted to the feds are retained by the people and the states. I can assure you that there is no power granted in the US constitution for the feds to be groping people or exposing them to harmful radiation.
ReplyDeleteThe TSA pat down is not required by law, statute, or by regulation. Therefore there is no conflict with Federal law.
ReplyDeleteAsking permission to touch someone's private areas is sexual solicitation.
Touching someone's private areas without consent is sexual battery.
Your consent is their defense against being charged with battery.
TSA is operating outside the law, and federal law needs to be changed to prohibit pat-downs.
Without probable cause, a pat down is nothing more than lewd and lacivious conduct.
One thing I know for certain. Lawyers are not going to fix what is wrong in this country. The bankers have all the money to buy all the lawyers including the "Supreme Court".
ReplyDeleteThere are no laws allowing TSA to any of what it currently does. The Feds (USA Corp) simply does what it wants and ignores protest. Same with Homeland Gestapo, same is Third Party Debt Collector IRS.. ad nausea. I do not consent to any of this crap. Do You?
ReplyDeleteThe above three Anonymous pretty much say it all. We have a group of individuals in the government who IGNORE ALL EVIDENCE on who is attacking the United States and get all pissy when we tell them they can't play with our genitals. You hear this you Congressional motherfucker low-lifes? Get in line for it if you want it away from the kids so they don't become warped.
ReplyDeleteSince TSA and DHS DO NOT CARE that evidence has proven those culpible for 9-11 and the oil well in the GOM and those who put the Fukushima reactors where they did. So this harassment is just that. Sexual harassment and assault by homosexuals. Period.
To you assholes at the airports. Your mama lied to you twice and I am sorry for you. She said you were perfect and you were safe. She lied. Calm down. Lower your eyes. And back off.
You are a tool for sick people in the White House. You best quit. Osama bin Laden did not do 9-11 and he has been dead for 10 years. And you are breaking the law. And a whore.
Right On!
ReplyDelete