This Whole TSA Debate...

**Michelle** · 11-24-10, 03:47 PM

I've been researching this and trying to find it in layman's terms otherwise it becomes like calculus to me - ugh! Am I misunderstanding it?

**Five-0** · 11-24-10, 05:09 PM

I'm not seeing anywhere in that title where the 4th Amendment is suspended.

**MacLean** · 11-24-10, 05:10 PM

Originally Posted by Michelle

I'm quoting someone on another forum who sounds like he might be a lawyer. I didn't link it because I wasn't sure if it would be allowed on here since it comes from another forum?

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Title 49, Section 40101, says, in relevant part:

(a) Economic Regulation. - In carrying out subpart II of this
part and those provisions of subpart IV applicable in carrying out
subpart II, the Secretary of Transportation shall consider the
following matters, among others, as being in the public interest
and consistent with public convenience and necessity:
(1) assigning and maintaining safety as THE HIGHEST PRIORITY in
air commerce. (Emphasis mine )

So, you have a right to travel, so long as you travel consistent with the Secretary of Transportation's determination of what is required for safety purposes (which authority is shared with other department heads, as noted in the statutes listed in the annotations to Section 40101).
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At no time ever does a constitutional right subject itself to the determination of a cabinet level executive branch flunky.

What is or is not a constitutional right is decided by the nine justices of the Supreme Court of the United States, whenever there is such a question.

That quote is not saying what you suggest it is saying, and anyone can claim to be a lawyer on the interwebs.

**Michelle** · 11-24-10, 05:35 PM

Yeah, have no idea if he is a real lawyer. Just sounded like he might be.

Thank you for all the help! Certainly been enlightening and has given me a better understanding.

I guess I better get to the store to get some crow to go with my turkey.

**MacLean** · 11-24-10, 06:06 PM

I went over there to where you found that link. It was a two year old thread, and the person quoting CFR was actually claiming to be an LEO rather than a lawyer.

I would dispute his take on the matter.

I'm not riding you and don't expect you to eat crow. I am somewhat bothered by the fact that Americans are just accepting the appeal to authority.

The constitution protects us from having some appointed flunky - be it an LEO or a cabinet secretary - decide what is best for us without due process.

**Michelle** · 11-24-10, 07:46 PM

His sig is misleading. I went back over and without signing up, clicked his name and it says lawyer.
But, your right again, people are just accepting. And I can see how this can lead to a mess of problems unless people start stepping up.
I've decided that I'm not going to make it easier on TSA by getting their scan. I'm not sure if I'm going to fly commercial again until its resolved. Like posted here before, there are better ways.

Another TSA fail - Adam Savage getting past with razor blades.

Mythbusters' Savage: I got past TSA with razor blades | Technically Incorrect - CNET News

**lewisipso** · 11-24-10, 11:43 PM

That article posted by Five-0 was most revealing. Why are relevant solutions so disregarded? It makes me think that if the idea doesn't originate with the high and mighty here it isn't worth using.
At this point, especially with my fear of flying, I wouldn't give a crap how many layers of security an airport has. I don't feel confident "security" could find a cat in a room full of horses. Who do you trust? Screw it. Until I feel confident I'd rather walk.

**Five-0** · 11-25-10, 12:23 AM

Originally Posted by MacLean

I'm not riding you and don't expect you to eat crow. I am somewhat bothered by the fact that Americans are just accepting the appeal to authority.

Bingo. Knowing what I cannot do as a LEO will keep me out of more trouble/liability than knowing what I can do.

**besafe2** · 11-25-10, 09:36 PM

First off I have nothing good to say about the TSA clerks at the airports. I refuse to call them officers. If they touch "my junk" or handle me in any way they should not I will call for an leo & ask that they be arrested. One of my best friends who is a 12year leo at the airport I work told me if he got a call like that he would arrest the TSA clerk. I also called the DA's office & they advised if they have enough evidence they will take the case.

I hope the rest of you would make the arrest also. These goons are really abusing people every day at the airport & it needs to stop.

**Michelle** · 11-26-10, 04:08 PM

If I get searched/groped inappropriately, I could call LE to the airport to have a TSA agent arrested? Plus the TSA can sue me too? What a big mess!

Ever since I found this thread, I've been on a mission to catch myself up to speed and educate myself. I was originally under other assumptions in thinking it was for our best and no worries and now I'm just disturbed and disgusted to find out otherwise.

**snuffy2202** · 11-26-10, 10:17 PM

Simple solution. Hire Playboy Bunnies to search the men and Chippendale dancers to search the women. No complaints... except....check again, I think you missed a spot.