Comments on: A Dereliction of Duty in Texas

By: Richard Walbaum

Richard Walbaum — Thu, 07 Jul 2011 18:31:03 +0000

You can download The Natural Law Remedy to TSA Airline Security Groping, a free chapter from my upcoming book which explains the laws of airline screening, and provides a legal theory to resist groping of private parts. It doesn't mean you can fly without being groped, but it will give you a legal basis to sue the government for violating your right to travel. Get it at www.NaturalLawRemedy.com. Please use the blog there to record your results with this theory.

By: Richard

Richard — Thu, 07 Jul 2011 18:26:32 +0000

I suspect that government's intention is to destroy the airline industry; then only the elite will be able to fly. It is the TSA's intention to roll out the body scanners to trains, buses, and shopping malls, so alternate forms of transportation will have the same groping problem.

By: @Spazduck

@Spazduck — Thu, 07 Jul 2011 15:55:49 +0000

I'm sorry. Of course, probable cause and warrants are mentioned in the Constitution. Realized my error right after I posted that.

By: @Spazduck

@Spazduck — Thu, 07 Jul 2011 15:49:54 +0000

This is false as a matter of constitutional law. I didn't say that the TSA isn't subject to the 4th Amendment, only that the bar is considerably lower. The TSA is an administrativve agency and in exercising its power to conduct searches, it is subject only to reasonableness considerations, not probable cause. The same goes for the federal marshalls that scan your bag when you enter a federal courthouse. In these situtations the federal government can legitimately claim authority for more extensive security measures. Walking down the street or driving are not analogous, and the courts have said so.

Remind me where probable cause and warrants are mentioned in the Constitution.

Any response to the preemption issue?

By: Dot Pate

Dot Pate — Thu, 07 Jul 2011 13:44:08 +0000

I wont fly until the TSA says goodbye! And I can fly free.

By: MichaelBoldin

MichaelBoldin — Wed, 06 Jul 2011 21:24:12 +0000

where does the 4th amendment say ANYTHING about unrestricted air travel?

This is a common error – and a very bad one – in constitutional understanding.

The 4th amendment does a very simple thing – it restricts actions taken by the federal government. Probably cause, warrants, and the like – are required in ALL situations by the feds. nothing more, nothing less. period.

By: Jeremy OConnell

Jeremy OConnell — Wed, 06 Jul 2011 20:07:27 +0000

The 4th Amendment ALWAYS applies when the government is involved. Air travel isn't a right that is true but as a citizen the 4th Amendment protects you against unauthorized searches. If you use your argument then the government can apply that to walking down the street. That isn't a "right". Driving isn't a "right" but still the Supreme states officers must have a reason to search your car. Plus simply pulling you over for speeding does NOT grant them the right to search your car. The 4th Amendment applies and does too with air travel. The TSA is stating you are a criminal when you have committed no crime.

By: @Spazduck

@Spazduck — Wed, 06 Jul 2011 17:41:24 +0000

International law doesn't recognize sub-federal states as being anything other than subordinate entities.

By: Frank w. Turney

Frank w. Turney — Wed, 06 Jul 2011 17:35:05 +0000

We Need A Good Old Educational Revolution !

By: Frank w. Turney

Frank w. Turney — Wed, 06 Jul 2011 17:33:00 +0000

We Need A Good Old Rducational Revolution