Concordia res Parvae Crescunt
by Connor Boyack, with Brian Roberts and Michael Boldin
Yesterday, the U.S. Department of Justice upped the ante in a high-stakes political game of chicken. Lobbying against pending legislation in the Texas legislature which would criminalize any searches conducted without probable cause, U.S. Attorney John E. Murphy sent a letter to a few high-ranking members of Texas’ government warning against promoting the bill and threatening a complete closure of all flights to and from the state.
“If HR [sic] 1937 were enacted, the federal government would likely seek an emergency stay of the statute,†Murphy wrote. “Unless or until such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew.â€
No doubt written with the threatening intent one reads into it, Murphy added: “We urge that you consider the ramifications of this bill before casting your vote.â€
Previous to the federal government’s threat, the Texas legislature had considered the ramifications of the bill. More importantly, they were responding to a clear need to uphold the Fourth Amendment and ensure that each person enjoys the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” — a right which the U.S. Constitution mandates “shall not be violated.â€
Repeated TSA violations of the Fourth Amendment
That need has demonstrated itself in great abundance in past months, as the TSA has aggressively pursued its new policy of invasive searches and seizures at the nation’s airports. The “ramifications†to which the U.S. Attorney refers are evidently an easily dismissed matter of little importance to the federal government; to those affected by these policies, the ramifications of a bill seeking to prevent further occurrences is no doubt a welcome development.
It was less than a month ago at the Dallas, TX airport where former Miss USA Susie Castillo tearfully produced a viral video describing the molestation she had just then endured at the hands of a TSA agent. “I mean, she actually… touched my vagina,†Castillo said through her tears. “They’re making me… choose to either get molested… or go through this machine that’s completely unhealthy and dangerous. I don’t want to go through it, and here I am crying.â€
Castillo isn’t the only person who would be protected under this Texas legislation. All other innocent travelers would likewise be shielded. That includes the six year old girl who made the headlines last month for being groped by a TSA agent (an action which the TSA defended as being alright since it “followed the current standard operating proceduresâ€), as well as the eight-month-old infant subjected to a pat down while cradled in the arms of her mother.
These are but a few of the myriad confrontations that occur daily where TSA agents detain, invasively search, and seize items from innocent individuals who are not suspected of any crime whatsoever. Texas’ bill would correct this horrific perversion of the law within its state, but the federal government is clearly interested in justifying and maintaining its statist status quo.
Repeated Threats from the Federal Government
Evidence of that arrogant persistence is found in letters similar to the one penned last night by the U.S. Attorney to Texas officials. Almost two years ago, a similarly threatening letter was sent to Oklahoma by the U.S. Attorney General. In it, the state is warned against pursuing a constitutional amendment to make the English language official. The threat was a termination of appropriated funds to the state.
Another letter was sent in 2009 to both Montana and Tennessee in response to those states passing a Firearms Freedom Act. Rather than an explicit threat of any sort, these letters completely dismissed any constitutional standing or legitimate concern by the states, instead (incorrectly) affirming the federal government’s supreme authority over the issue at hand.
More recently, a U.S. Attorney wrote to the Governor of Rhode Island warning against that state’s implementation of medical marijuana legislation which would constitutionally regulate the manufacture, distribution, and consumption of the plant within the state. The attorney trumpeted the federal laws relating to the “controlled substance†and assured the Governor that the Department of Justice’s full resources would be brought to bear against any state (theirs included) which attempted to oppose the federal government’s complete control.
Rob Natelson, recognized national expert on the founding and adoption of the Constitution, considers these letters to be far more ominous than mere statements. In response to the 2009 letters, he said, “I look at this and I see this letter which gets close to looking like an order from the central government down to a sovereign state legislature, and I say…WOW. This looks like something that (Roman Emperor) Septimius Severus would have sent to the local officials.†He continued, “It reminds one eerily of the kinds of communications that started to come out from the Emperor to the local cities of the Roman Empire, beginning the course of the ultimate destruction of local government.â€
Despite Threats, Moving Forward
For now, it appears that the U.S. Attorney’s threat has realized its goal; the sponsor of the Texas bill has decided to concede defeat in this battle, but remains committed to fighting the war. “I will pull HB 1937 down, but I will stand for liberty in the state of Texas,†said Senator Dan Patrick, the bill’s sponsor. As such, as of right now, the bill has died.
This much is clear: the federal government should not consider this a victory. As individuals are being unjustly molested on a daily basis, it is increasingly becoming apparent that there exists a strong, emotionally-charged undercurrent of resistance against the TSA and its invasive searches and seizures.
If anything, the withdrawal of Texas’ legislation last night should be seen as the calm before the coming storm of state-based opposition to the TSA.
Texas is Not Alone
If anything can serve as a rallying cry to unite the states against an oppressive, unconstitutional action on the part of the federal government, it is the institutionalized and fear-based justification of the molestation of innocent men, women, and children. The U.S. Attorney’s stern counsel to consider the “ramifications†of the Texas bill speaks more in support of the state’s actions than against it.
Indeed, when one considers the ramifications of not opposing the federal government on this issue, it is difficult to imagine how many Susie Castillos will be felt up by the feds for no valid reason whatsoever. That unnecessary nightmare is enough to encourage a single state — in this case, Texas — to stand strong in the defense of the individual liberties of its citizens.
But Texas is not alone. Already, four other states are considering similar “travel freedom†legislation. And, sources close to the Tenth Amendment Center tell us to expect at least ten others in 2012. Taken together, it becomes evident that many other states will soon be picking up the baton, together having the courage needed to put the federal government back in its rightful place — which isn’t inside the waistline of innocent passengers.
The TSA’s resident propagandist, Blogger Bob, will have his work cut out for him in the months ahead.
Connor Boyack [send him mail] is the state chapter coordinator for the Utah Tenth Amendment Center. He is a web developer, political economist, and social media consultant changing the world one byte at a time. Read his blog or follow him on Twitter.
Brian Roberts [send him email] is communications director for the Texas Tenth Amendment Center
Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin - and visit his personal blog - www.michaelboldin.com
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you all texans are sounding like the muslim terrorists, threating the u.s.a.
once a traitor! always a traitor, those texans committed treason against the u.s.a. once during the civil war and they got their as- whoop good, Go ahead all of you texans terrorists, make your move, the u.s.a. will be on your as- so quick you all will be cowardly texans
Some decent people here in congress. However, we have to yankees in the Governor and Lt Governor spots here. Yep, they are super wimps, but do really know how to take a bribe !
(Continued)
We are:
"exposed to all the dangers of invasion from without [mainly from Mexico], and convulsions within."
"He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners"
"raising the conditions of new Appropriations of Lands."
"He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."
"He has combined with others to subject us to a jurisdiction foreign to our constitution [the U.N.], and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:"
"For imposing Taxes on us without our Consent:"
"A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."
Maybe we should again declare: "That these United Colonies are, and of Right ought to be Free and Independent States." - and each to declare independence as it may wish.
Some of "those" people need a refresher.
Do any of these quotes ring a bell:
"deriving their just powers from the consent of the governed"
"mankind are more disposed to suffer, while evils are sufferable, than to right themselves"
"when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism"
"He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained;"
(Continued)
Looks like Sen Patrick responds here: http://www.truthistreason.net/doj-and-tsa-threate...
I am so proud to see so many of my fellow countrymen together united against oppression from a corrupt fed govt! There maybe hope for the USa yet! We all MUST do our part! I say we call on the sons of liberty again and form a second continental congress! Let's start over again! I know we can do better than this!
The TSA are heroes. Those rogues, who would throw away national security for a bunch of useless, vile, pot-smoking, libertarian trash, should be strung up as traitors.
Speaking out against the fine agencies which protect us from terrorism is sedition, if not a sheer sign of pure, unadulterated treason. I believe that seditious speech should be criminal in ANY nation. The Transportation Security Administration work under the auspices of the Department of Homeland Security, to keep us safe from terrorists, both foreign and domestic. Meanwhile, ingrates everywhere, who have lost no liberties whatsoever wish to whine and act like they're losing their rights. Hello. This is 2011, not 1787. Civil libertarianism is dead, and good riddance! It doesn't work in today's day and age. Civilization has evolved such that it is incompatible with our day to day lives.
Yes, they have, but keep in mind that most of the things they have done are now in litigation and will end up in the SCOTUS. Additionally, we rid ourselves of many in the 2010 mid-term election. Now we must rid ourselves of the rest, including the POTUS, in the 2012 general election!
Thanks for your reply!
The TSA is unconstitutional and most of what the fed govt does is unconstitutional, it is time for the states to re-assert their Constitutional sovereignty and tell the federal governement that the state did not agree to all this federal power when ratifying the Constitution. Tell the central government we will not enforce your unconstitutional laws, take unconstitutional money, send unconstitutional money and get your people out of my state. If you wish to search, arrest, or do any law enforcement in this state it will be at the approval of the government and local law enforcement, preferably a sheriff. The states created the ccentral government, not the other way around, and they lent a small amount of their sovereignty through Constitutionally enumerated powers in the Constitution. The Constitution has no implied powers anddoes not live and breath, it changes through Amendment ONLY. We are also not goign to the Courts in this matter, we will get with our fellow states hold a convention and get back to you, don't call us we will call you.
The moral to the story is: Secession. Now. Before it's too late.
Perhaps this is a temporary backing down by Texas until they can assess what to do next. I would not jump to the conclusion that this is over yet.
Time to end the TSA.
Threatening a no fly zone over a sovereign state is the equivalent of a declaration of war.
The vagina heard round the world, heralds in the next mdrian Revolution !
I wonder if the guy that put his hand in her snatch, then raised his hand up in front of her and sniffed his fingers.
Speaking out against the fine agencies which protect us from terrorism is sedition, if not a sheer sign of pure, unadulterated treason. I believe that seditious speech should be criminal in ANY nation. The Transportation Security Administration work under the auspices of the Department of Homeland Security, to keep us safe from terrorists, both foreign and domestic. Meanwhile, ingrates everywhere, who have lost no liberties whatsoever wish to whine and act like they're losing their rights. Hello. This is 2011, not 1787. Civil libertarianism is dead, and good riddance! It doesn't work in today's day and age. Civilization has evolved such that it is incompatible with our day to day lives.
Idiots everywhere love to harp on Benjamin Franklin, citing his statement about never trading liberty for security. This mentality worked in a more primitive time, but it's sheer stupidity in today's day and age, where airplanes can be hijacked and kill anywhere between hundreds and thousands of people. That's EACH airplane, and we have thousands of them, in this nation alone. Were the founding fathers that certain types of crazy people love to quote alive today, they would stand hand in hand with the Department of Homeland Security and the Transporation Security Administration, in the name of keeping people like you alive and well.
Of course, you can quickly quote conspiracy theorists and make this out to be some sort of evil agenda plotted by a select handful of people meeting in secret. You could also come back to reality, look around, and see that now, in this supposed "police state", that you have plenty more freedoms than people do elsewhere in the world, today, and certainly more than people had in the "good old days", when the founding fathers committed acts of terrorism against the crown, butchered the indians, and formed this nation in the name of greed and white supremacy. Idiots going around and spouting all of this anti-American garbage do nothing but to embolden our enemies, foreign and domestic, and undermine the safety and security of our nation. That is sedition at best, if not outright treason. I wouldn't shed a tear if the FEMA camps were real, or if they just lined the lot of the dissidents up and shot them. Hell, I'd pull the trigger! I'd also sleep well that night, with a big grin on My face.
No civilization can be entirely free. That would be anarchy, and anarchy always results in a much more oppressive regime coming in, because anarchy does not work. If this was the police state that you lot clearly want it to be, then you would all be in prison (where you belong), or shot dead as traitors (which you are). As is, you have the legal right, although it is stupid to have such rights, to run your mouth and blaspheme this great nation of ours, insult your betters in office, and spread seditious lies. So much for this being a police state, or for you having lost your freedoms. People need to grow the hell up, read ALL of the FACTS, and stop buying into this conspiracy garbage.
Line up the dissidents and shoot them? You ARE a fascist! America was built on the right to dissent. The Declaration of Independence was all about dissent, and your declaration of contempt for true patriots and patriotism is outright treasonous!
damn right...if touching a vagina means saving countless lives then touch that vagina all you want.
I've spent some good days living in Texas, but I've always had concerns about Texas pride. The Texans I knew wouldn't back down over a slap in the face like this. They'd dig in, guns a-blazing, and show the oppressor a free Texan.
You're move boys.
No fly zone over Texas? Does that mean that they're going to bomb the crap out of it like they did Libya? Woo hoo! Well, make sure that you target a certain ranch first. We'd all be very appreciative for it.
absolutely the best thing that could have happened to Texas and the USA would have been for Texas to pass the law and the US Government to follow through on their threat. then maybe the citizens of this country would have finally been awakened to the tyranny that is going on! Too bad the Texas law makers didn't have more political and moral courage.
Long past time for Texas, Arizona, Oklahoma and ?maybe? New Mexico to go ahead and ditch this dying America. Maybe then we can avoid going down with the ship?
http://no-ruler.net/blog/essence/
noon tomorrow (Friday). Texas capitol senate chambers in Austin. We're going to make these traitors feel the heat. Come on out and spread the word. Kudos to the Texas house for having the courage to pass this bill on a unamious vote
This is not encouraging news...does the phase "all hat and no cattle" come to mind?
Russia's Fatherland and Germany's Motherland are no match to America's Homeland.
With modern technological advances we are not free from search in seizure.
MADD and the Supreme Court made it OK to search, as long as it was either at random or everyone was being searched. No one really fought this because of the media scare that one in a thousand might be drunk. Katie's Law is going through the states like wildfire. The police can take a sample of your blood on the pretense that it might prevent a future crime? How is storing ones blood going to prevent future crime?
TSA was slowly being brought about beginning with Nixon's War on Drugs. This gave the police within the U.S. to attack, confiscate, financially benefit, etc... from a large group of people without due process, because they might be involved with drugs. The War on Terror is not to control other countries. It is to control the citizens of America.
It's way overdue for the patriotic states to establish no FED zones.
RRemember he Alamo!!!!
[youtube ySqww8E5eYM http://www.youtube.com/watch?v=ySqww8E5eYM youtube]
All 49 of the other united States of America need to get in line and make the same mandates. Then we need air traffic controllers who are not employees of the Fed and let the airlines have their businesses back. We need to stop letting this renegades in Washington dictate to us as private and sovereign citizens. They do not have the right! Long live the Republic of the united States.
Seems to me that stopping flights is the same as interfering with inter-state commerce, a federal offense! Why not just arrest any TSA personnel who attempt to stop flights without probable cause?
In that case, I suggest making Texas a no-fly zone for all federal aircraft and that it be enforced by the Texas Air National Guard.
They exempted the ones this should be for, citing "religious" reasons.
Perhaps every state in the Union should ENACT such a bill as Texas just killed regarding TSA abuses, and let the feds go scratch their you know whats with a broken milk bottle, because that's how it feels when their paws are all over us.
Our Texas senators have no BALLS! They allow the federal government to tell them what to do and Texas citizens elected these SOBs.
I am ashame to live in Texas and pretty boy Gov Perry didn't stand up to the FEDS...what a jerk!
Who strip searches Obama, his family or his subordinates to ride on Airforce One ? I hate double standards.
make the entire planet a no fly zone and get these criminals out of your pants.
Obama and his administration are criminals and America is in her death throes . We can only save America by indicting him AND most of his Administration , if we fail to do this America will become a past legend that in two generations will become a fairy tale .
At what point do law-abiding citizens begin to view their Federal Government as tyrants unworthy of respect? And what happens to us then?
A commercial enterprise should be able to demand searches as a condition of use. BUT, for the government to demand searches or to publish 'no fly lists' is blatantly unconstitutional. One of the tenets of the American republic was the ability to travel within and amongst the several states freely, without having to show purpose or papers. I certainly hope that the state of Maine follows the lead of Texas...
Don't Mess with Texas........what a joke slogan.........everyone knows Texacans have no balls....
time for the South, West, and Midwest to rise up........Texacans can stay home as they are dead weight.
TEXAS should become it's own country
I Remember a Different America! And the One they are trying to IMPOSE?
Is Not the One I want for my Grandchildren Or, Yours! You have Sighted in on the Real Reason and the Clear and Present Danger to the Constitution and the Bill of Rights; Treason and the Right to Defend ourselves against this sitting pResident! The Constitution does Indeed Matter!
Now it is time for all good men to come to the aid of their Country!
Kerry L. Marvin/USN/DAV/68-77.
If TX has any sense they will break their ties with the U.S.A. and become the country of TEXAS
Well said. I feel the same way about drugs. I not really for the legalization of drugs but if another state wants to do it (and assume the consequences, of course), then it isn't for me, my state, or the Feds to intervene.
“We must hang together or assuredly we shall hang separately”
--- Benjamin Franklin
Now is the time all of the 50 states to start standing together. If the feds enact another violation against Americans all of the 50 states should issue an order saying that until the feds stops stomping on Texas's American rights no plane will be able to land in any state in America. Talk about cutting the big amount of terrorists coming into our country. Now if we stand together and do this, this means no planes can fly in America. Think of all of the fuel we will be saving. This also means obummer will have to park Air Force 1 because if all of the states stood together and if he got the plane up he couldn't land it in America again until the feds stop playing games against American Citizens.
What makes me sick are these dumb ass fools that want to change the Constitution if you read and interpret it as it was written it covers all issues of law today but the damn courts and the anti American bastards want to make it a communist document. I fought for the constistution as it stands not as interpreted by a bunch of leftist commies.like this son of a white trash communist whore that has been bought into office as president.He and his comrade's should all be stood against and shot for treason and for trying to change 2nd amendment and all of the rest that they don't like. I would be first in line to volenteer
This is not the usual deal from the feds.This threat has a sense of foreboding to it. I can tell from the comments, many of you feel the same way. This country is going to break up, and that is fine with me.Right now it only works hard for Black Panthers, Acorn, gay marriage types, Islamic radicals, illegal Mexicans all the while taking more of our tax dollars and providing fewer services. Once the TSA thugs got a taste of groping women for free, i knew they would never quit the groping. Great empires attract territory like beautiful women attract men: corrupt nations always lose ground. Book it.
If this keeps up, it will lead to another civil war—more likely to be economic than military in nature.
I personally decided not to fly again after the X-ray scanners and punitive groping were implemented, but really, that doesn't accomplish much beyond keeping me from getting in trouble for being combative with the TSA. This problem and other violations of our rights by the federal government are not going to go away until some drastic, widespread changes take place.
Apparently the new Texas slogan is, "Remember the TSA"
If you want to argue that TSA screenings are an "unreasonable search" then I would try to argue it legally. I think you would lose, but I do see the point about a federal agency that mandates something does not necessarily make it legal or in compliance with the Constitution. Perhaps someone should sue the TSA and take it all the way to the Supreme Court if necessary? If you have the time and money for that, more power to you. I will continue to walk through the non-invasive airport screening machines. I get really tired of the "strict interpretation" approach to the Constitution however. it's a great document, but the founding fathers could not anticipate every issue we face today, particularly something like air travel and the terrorists who would want to stop it.
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