Kansas Seeks to Criminalize TSA Gropings

A Kansas state representative along with 20 other state legislators has proposed a bill that would limit what TSA agents can do to airline passengers in Kansas airports. Representative Brett Hildabrand’s bill makes it illegal for TSA screeners to touch passengers’ private parts and prohibits them from removing passengers under 18 from the control of their parents or guardians. Hildabrand had this to say about the TSA:

 “Air travelers are subjected to aggressive, humiliating pat-downs, many of which would land the average stranger off the street in jail. But because the federal government has given someone a blue uniform and a badge, we are told that person has authority over our bodies and we must endure.”

 Critics are saying that states don’t have jurisdiction over a federal agency like the TSA because of the so-called “Supremacy Clause,” found in Article VI of the 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding [emphasis added].”

 Federal laws that are consistent with the Constitution do have supremacy, because the Constitution is the law of the land. But nowhere in the Constitution does it give the federal government authority to take over the healthcare industry. Nor does it give the feds authority to take over airline “security.” So those laws should be treated as invalid by the states. They’re unconstitutional.

And this is where nullification comes in. That isn’t just some racist quip. States should be able to act independently and make their own laws (under the 10th Amendment) without being harassed by an over-reaching federal government. They should have the authority to nullify bad laws in the same way that jurors can nullify bad laws.

Several states have already proposed bills that would nullify Obamacare and would criminalize any attempt by a federal agent to enforce Obamacare in that state. Under some of those bills, federal agents would be imprisoned.

This TSA bill in Kansas is basically the same thing, except that it doesn’t even go that far. It merely prohibits the more extreme “security” measures that the TSA employ. It’s a step in the right direction.

This isn’t the first time a state has sought to place restrictions on the TSA. Texas tried it, and the Department of Justice threatened to turn Texas into a no-fly zone if it passed the law. Texas then backed off. They shouldn’t have. If states are going to pass these laws, they should be prepared to fight with the feds, and they shouldn’t back down. I hope Kansas doesn’t back down, and then I hope other states follow through.








Comments

comments

Posted in Crime, National Security Tagged with: , , , ,
  • reggiec

    The supremacy clause states:
    “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;”
    First of all TSA’s groping is not in compliance with The Constitution. It is in direct violation of The Fourth Amendment.
    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
    If there is no oath, no individual warrant issued for each and every person, no person named, no description of what is to be searched for or seized, There can be no Constitutional search.

  • http://www.facebook.com/people/Mike-Young/100001630951601 Mike Young

    Easy solution to this problem would be to literally Nullify the entire Federal Government. All of the States could stand together if or when they are threatened by an opposing force if need be, we don’t need a Federal Government directing Agencies or Departments to take this step or that step.

    It is time to Nullify and Abolish the entire Federal Government and all of the Bureaucracies within it. This step would definitely save the taxpayers a hell of a lot of money we really can’t afford to spend on the Federal Government which is so extremely wasteful of other people’s money.

  • horvath38

    TSA is Obamas new civilian army just as strong as our military

    more government workers and public sector unions sucking our

    money out of our wallets

  • WhiteFalcon

    I am all for the main thrust of the above article. I believe that the States should have the untimate authority as to what Federal Laws will be enforced in their states, and when a bad Federal law is passed, and there is a lot of them, the states should have the authority to say “not in this state.”

  • http://pulse.yahoo.com/_MSPMCGZ4YDJQUT5DBX42QN6KUI Margo

    Remove the unions, this will give more respect to the people they serve.

  • violater1

    Good for you Kansas! I hope the people of yoir State get behind this law and stay strong for the fight with the idiots in Washington DC namely holder and his criminals!

  • madmemere

    The little state of New Hampshire passed a law, two years ago, that “forbids” any TSA agent to even “touch you” – -if they do, they are arrested for sexual assault and hauled off to jail. So it can be done and MORE STATES need to do it, NOW!

  • blacksunshine84

    Go, Kansas!

  • redneck63625

    I am proud to say that this trend of opposing TSA gropings was initiated by my Texas State Representative here in the 7th District, Mr. David Simpson.

  • http://www.facebook.com/profile.php?id=679049469 Sandra J. Dykes

    They need a provision in there that specifically gives the right of anyone within eyeshot and earshot of these checkpoints the right to document their experiences by way of any recording device (cam or audio) or writing or both, and to obtain the agent’s name and other identifying information (their operations ID, for example) and this without retaliation or other reprisals from TSA or other official or authority.

  • Doc Savage

    It is time to impeach Obama