Is the TSA Constitutional?

By: |Published on: Feb 5, 2008|Categories: Enumerated Powers

Recently, the TSA – in an effort to improve their awful public image – launched a blog. Yes, the TSA is “reaching out” to all of us – and it’s not to pat us down without a warrant…this time.

According to a post at ThinkProgress.org, it didn’t kick off too well. In fact, so many commenters were hostile, that the blog was “overwhelmed”

The Transportation Security Administration is having trouble with its new blog, which launched on Wednesday. The team of bloggers tried to set a friendly tone by introducing themselves with lines such as: “Hi! My name is Ethel and I’m from Wisconsin. I like music, I love ice cream, and I adore weird facts.” But by mid-day yesterday, comments had already been turned off the original “Welcome” post after “things started to get ugly.”

Needless to say, I felt this was a good opportunity to discuss the biggest problem with the TSA – the fact that it’s not authorized by the Constitution. So, I decided to write a comment on another of the TSA’s new blog posts:

So, where in the Constitution is the TSA even authorized?

In case anyone’s wondering, it’s not.

The Constitution was written under what’s referred to as “positive grant”

This means, that the federal government is only allowed to exercise those powers which are specifically given to it in the Constitution.

The 10th Amendment makes it clear that EVERYTHING else is left to “the States, respectively, or to the people”

Thus – everything an unconstitutional agency does is in direct violation of the constitution. (and that includes using your money to run this TSA blog)

Surprisingly, the TSA moderators approved the comment.

The point, though, is what’s most important. Arguments about the TSA’s methods, management, and the like – are a distraction from the true issue – the existence of the TSA is unconstitutional in and of itself.

Tags: 10th Amendment, blog, Constitution, Enumerated Powers, Government, Positive Grant, TSA

Michael Boldin
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