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DOJ and TSA Double Down on the State of Texas

HB 1937, a bill that would have made it “A criminal act for security personnel to touch a person’s private areas without probable cause as a condition of travel or as a condition of entry into a public place,” was headed for an imminent Senate vote in Texas having already passed the House unanimously 138-0, before the federal government stepped in to nix the legislation.

This piece of legislation has been pulled from the docket in the state of Texas. Why? Because the DOJ and the TSA decided to resort to economic terrorism.

In a letter sent to Texas lawmakers, including to Lt. Gov. David Dewhurst, Speaker Joe Straus, the House Clerk, and the Senate Secretary, U.S. Attorney John E. Murphy threatened to cripple the airline industry in the state if legislators did not back down.

“If HR [sic] 1937 were enacted, the federal government would likely seek an emergency stay of the statute,” Murphy wrote. “Unless or until such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew. (emphasis mine)

Yes, you read that correctly. If TSA isn’t allowed to grope the genitals of passengers in any manner they so choose, they will shut the airline industry of that area down. That’s economic terrorism.

Originally, the DOJ has objected to this piece of legislation stating that HR 1937 could not become law because “it violated Supremacy Clause of the U.S. Constitution (Article. VI. Clause 2), a law that the TSA claimed “prevents states from regulating the federal government.”

They were proven to be wrong on this point.

“The statement is false. Ignorance from the TSA is unlikely, so I’ll call a spade a spade. They’re lying. The supremacy clause says nothing of the sort,” reported Michael Boldin of the Tenth Amendment Center.

Here’s the full text:

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, anything in the constitution or laws of any state to the contrary notwithstanding.

“So, in simple terms, what does the supremacy clause mean? Just what it says. The constitution is supreme. And any federal laws made in line with the constitution is supreme. Nothing more, nothing less,” writes Boldin.

As we have documented, TSA grope downs and body scans are now being rolled out on highways, street corners, public buildings, at sports events, and even at local prom nights.

Apparently, the DOJ was putting its foot down and laying down their own particular brand of the law. Texas wasn’t as compliant as the DOJ and TSA wanted them to be. So now the DOJ and TSA are doubling down to make sure Texas gets the message.

As the author of the original article points out:

The fact that the Department of Justice and the TSA have resorted to threats of economic terrorism in addition to underhanded lobbying techniques again illustrates the fact that the federal government is increasingly behaving like a criminal enterprise with total disregard for the Constitution.

Sounds like the kind of behavior displayed in a totalitarian socialistic society, doesn’t it?

Their disdain for the rule of law and for the Constitution of the Unites States grows with each day that passes.

h/t to Drudge

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COMMENTS

  • izoneguy

    N/T

    • lineholder

      I don’t know Perry that well, so I can’t really say much about his record. I will say that I think the people of Texas (and beyond) would stand behind him if he decides to pick up where the state legislation left off.

  • boonerdan

    I never thought I would see the day when the Republic of Texas would fold under the iron fist of tyranny. We should all be ashamed to call ourselves Americans. Line up to be searched sheeple!

    • lineholder

      I don’t agree with it, but I do understand it. When times are tough and tactics like economic terrorism are used…the ones who get hit by it the worst are the people under these legislators, not the legislators themselves.

      It’s a “rock and the hard place” choice, and it isn’t easy to make.

  • Menlo

    This has not been a major issue coming from any of the potential candidates in the GOP primary, though perhaps the even bigger problem is that not enough people care enough. It doesn’t seem to be worth a big fight for anyone, and that is VERY frustrating.

    • lineholder

      I am hoping that one of the candidates will step up and start addressing the over-reach of this admin. The greater majority of us know that it is happening, so it isn’t as if this is some big secret. If they’ll address it head on, and show how much damage it is doing, it could actually swing some independents our way.

  • aesthete

    on this one: it’s enormously unpopular, had unanimous support in the Texas legislature, and the federal interference in this case is both patently grevious and inappropriate. I hope he decides to push back on this one: the TSA is a bully that needs to be confronted sooner rather than later.

    • lineholder

      that Texas could have challenged this in court and presented a very good case to limit TSA actions. As it stands, they’ve withdrawn the legislation, which means they don’t even have this option.

      We need someone to go head-to-head with this agency and soon. If they aren’t willing to step up in our behalf and do it, these kinds of tactics are going to continue on and on.

      • aesthete
  • ohiohistorian

    How long will the rest of the nation not want to use DFW as a hub? How many airlines would keep quiet?

    The best solution is to fire all of the government-employed TSA agents and go back to private firms. The TSA has not done anything worth doing in this, other than to make more people miss flights. Does ANYONE feel safer?

    I would like to see someone call their bluff. Maybe even tell them to get out of their control towers since they aren’t willing to moderate their stance.