Texas legislature recently enacted a bill making it illegal for a pat-down to involve the touching of the breasts, genitals or buttocks of a person.
The TSA responded laughably by quoting the constitution. Really? The rapers of the Founding Documents themselves trying to prop up their illegal acts with the Constitution. I thought that Janet Napolitano would burst into flame if she even uttered the word.
In the Boston Globe:
The TSA’s response? It basically told Texas: You can’t touch this. “[T]he Supremacy Clause of the U.S. Constitution (Article. VI. Clause 2) prevents states from regulating the federal government,” the agency wrote on its blog. We’re the Feds and what we say goes.
The section of the Constitution the TSA is referring to as giving them Supreme Authority is
Clause 2: 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.
So in order to fall into this Clause, first of all the law must be made pursuant to the Constitution. So, that being said, game over.
The rules that allow the pat down are in violation of Constitutional Amendment 4. The right against unreasonable search and seizure.
Since they are quoting Constitution, albeit incorrectly, they already shot themselves in the foot. Their own rule, by their own admission is a violation of the Constitution.
If we really wanted to let that part slide, the second bolded portion of the above quote says any thing in the Constitution or Laws of any State to the Contrary notwithstanding.
This was intended to allow the State governments to disavow laws made by the Federal government that are against the Constitution.
Now according to the laws of Texas, if one of the TSA Gestapo decides to fondle a kid, they will be subject to up to a year in jail and a 4,000 dollar fine. Damn, TSA will probably build that into their budget for their Texas office.
Sorry TSA and “Blogger Bob”….. you lose, game, set, match.
Goodnight America, I Love You