Texas asserting their 10th amendment rights? Gives TSA middle finger?

NoStateofMind

Diamond Member
Oct 14, 2005
9,711
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Texas House to the TSA: You are Nullified!

Update May 13- The bill passed the second reading in the Texas House last night. A third reading and a final vote is required before the bill moves to the Senate. The third reading is scheduled for Friday, May 13.

While states across the country are considering and passing bills to reject or nullify what many see as federal overreach in areas like health care, gun rights, medical marijuana, and more, the Texas State House struck a resounding blow tonight by becoming the nation’s first legislative body to pass a TSA nullification bill.

House Bill 1937, introduced by Representative David Simpson, seeks to ban searches by TSA (and other) agents “without probable cause” as the 4th amendment requires. It states, in part:

A person who is a public servant [acting under color of his office or employment] commits an offense if the person:

(2) while acting under color of the person’s office or employment without probable cause to believe the other person committed an offense:

(A) performs a search for the purpose of granting access to a publicly accessible building or form of transportation;

Even though reports from groups such as The Foundation for a Free Society, Texans for Accountable Government, and Libertarian Longhorns all indicate that the House passed HB1937 “passed by a unanimous voice vote at approximately 11pm this evening,” there’s still what many consider to be a tough battle in the Senate ahead.

If they succeed in neutering TSA's balls this is a win for States Rights. I'm sure there will be something the federal government will drum up though. Commerce clause? Your guess is as good as mine.
 

boomerang

Lifer
Jun 19, 2000
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The .gov will sue because they're control freaks. All that is good, just and righteous flows from the feds. Just ask, they'll tell you. Actually, you don't need to ask, they'l tell you regardless. Central planning is where it's at.
 

mrjminer

Platinum Member
Dec 2, 2005
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If access must be granted, it's not "publicly accessible."

If a building is publicly accessible, it doesn't mean the access doesn't come without restriction. A building being "publicly accessible" only means anyone can have access to it so long as they abide by, basically, the rules.
 

Infohawk

Lifer
Jan 12, 2002
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Myeaaahhh... interstate transportation is federal domain under the constitution so it's not a state's right issue. Nice try though.
 

DominionSeraph

Diamond Member
Jul 22, 2009
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If a building is publicly accessible, it doesn't mean the access doesn't come without restriction. A building being "publicly accessible" only means anyone can have access to it so long as they abide by, basically, the rules.

We do have a "no-fly" list. Access is restricted.

A courthouse would have a much harder time justifying that it is restricted. They do grant access to anyone.
By this, you can just walk past the metal detectors and the courthouse guards couldn't do anything. It doesn't give them probable cause to search you, especially as their use of metal detectors would be disallowed.
 

Throckmorton

Lifer
Aug 23, 2007
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Texas just wants to lure terrorist "investments" away from Pakistan, which has proven to be a hostile environment for Al Qaeda. Rick Perry is quite the economist.
 

mrjminer

Platinum Member
Dec 2, 2005
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We do have a "no-fly" list. Access is restricted.

A courthouse would have a much harder time justifying that it is restricted. They do grant access to anyone.
By this, you can just walk past the metal detectors and the courthouse guards couldn't do anything. It doesn't give them probable cause to search you, especially as their use of metal detectors would be disallowed.

Not sure where you get that metal detectors aren't allowed, it just says they can't search you without probable cause. None of this indicates that they can't just deny you access if you refuse to comply, either, it just means, basically, that trying to get on a plane/entering a building doesn't give them probable cause for a search. The "A" is a subheading of "2," indicating it is merely a scenario which would consitute an offense if "2" were true (ie: if they didn't have probable cause to do so and they searched you). For TSA, this means no more random searches of people who have done nothing.

As for a "no-fly" list, there's a reason the people are on a "no-fly" list: they haven't abided by the access restrictions, or there's reason to believe they haven't or will not abide by the access restrictions to gain entry to the plane. Like I said before, it just comes down to following the rules.
 
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Jaskalas

Lifer
Jun 23, 2004
33,425
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Texas just wants to lure terrorist "investments" away from Pakistan, which has proven to be a hostile environment for Al Qaeda. Rick Perry is quite the economist.

Yes, giving your balls a thorough screening prevents terrorism. Should have to go through that every time you leave the house. Your women and children too.
 

Doppel

Lifer
Feb 5, 2011
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I hate that this country has allowed itself to act with such fear that it is ok with virtual strip searches to fly and invasive pat downs of even children.

Unfortunately, this bill has I understand no teeth legally. It is symbolically relevant, though.
 

Nebor

Lifer
Jun 24, 2003
29,582
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Texas is an unending stream of awesome. Like a waterfall of sunsets and unicorn vaginas.
 

DominionSeraph

Diamond Member
Jul 22, 2009
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Not sure where you get that metal detectors aren't allowed, it just says they can't search you without probable cause.

A metal detector searches your person for metal and it is employed to search for metal weaponry. They have you take off all metal objects so that the search is concentrated to hidden metal items.
If you fail the walk-through they will wand you, and if you fail the wand they will manually search that area. These are searches leading to more searches.

Entering a courthouse does not give probable cause that you are carrying a prohibited weapon, so that first search is disallowed.

None of this indicates that they can't just deny you access if you refuse to comply, either, it just means, basically, that trying to get on a plane/entering a building doesn't give them probable cause for a search.

The point of this is to say they are prohibited from searching without probable cause. If they can't search and they disallow access based on the absence of search then they disallow everybody. Which is what the Federal Government will probably do if this somehow holds up -- halt all passenger flights from Texas.

The "A" is a subheading of "2," indicating it is merely a scenario which would consitute an offense if "2" were true (ie: if they didn't have probable cause to do so and they searched you). For TSA, this means no more random searches of people who have done nothing.

The TSA searches EVERYBODY. Every piece of luggage and every person is scanned. The random additional screening is just that -- additional.


You damn idiots can never process including the baseline.
 
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JTsyo

Lifer
Nov 18, 2007
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I'm just glad no terrorist has yet cut of their dick and replaced it with explosives. Imagine what we'll have to go through after that. Or for that matter packed it in their rectum.
 

Lithium381

Lifer
May 12, 2001
12,458
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Good, we need someone to stand up for rights, and apparently individual citizens or citizen groups have no clout. Wait.... i thought WE were the government????
 

xj0hnx

Diamond Member
Dec 18, 2007
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Or logically. Again, if access must be granted, it's not "publicly accessible."

Bullshit. Is a bar publicly accessible? Sure is, but a doorman/ID checker/bouncer gives you "access". A office is publicly accessible but sometimes you have to have a secretary to get "access". Trying to say that an airport isn't publicly accessible because you have to be "granted access" is just stupid.
 

DominionSeraph

Diamond Member
Jul 22, 2009
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Bullshit. Is a bar publicly accessible? Sure is, but a doorman/ID checker/bouncer gives you "access".

And in a US Military secret space, the security manager gives you access. So it's still publicly accessible to the subset of the public that's been granted access.

Trying to say that an airport isn't publicly accessible because you have to be "granted access" is just stupid.

Trying to say Area 51 isn't publicly accessible because you have to be "granted access" is just stupid.
 

xj0hnx

Diamond Member
Dec 18, 2007
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And in a US Military secret space, the security manager gives you access. So it's still publicly accessible to the subset of the public that's been granted access.



Trying to say Area 51 isn't publicly accessible because you have to be "granted access" is just stupid.

We aren't talking about secret military locations, we are talking about an airport, which is accessible to the public no matter what retarded argument you try to put forth.
 

DominionSeraph

Diamond Member
Jul 22, 2009
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We aren't talking about secret military locations, we are talking about an airport, which is accessible to the public

As are US military installations. They're accessible to the segment that's been granted access.

You didn't think they were accessible to no one, did you? Hell, they give you a free ride to one after your oath of enlistment.
Pretty darned easy to get in.

Oh, and the member of the public known as "The President of the United States" has complete access. I hear that has a pretty dicey entrance exam, though.
 
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Nebor

Lifer
Jun 24, 2003
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The TSA searches EVERYBODY. Every piece of luggage and every person is scanned. The random additional screening is just that -- additional.

I was subject to a ridiculous amount of "additional screening" at Chicago O'Hare last week upon presenting a military ID (which they checked for authenticity under UV light before directing me to the "special area.") I got the body scan, the metal detector, the groping\fondling AND the chemical swabbing of my hands for explosive residue. Good use of their\my time. :rolleyes:
 

BoomerD

No Lifer
Feb 26, 2006
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Then the US Government should refuse any/all airplanes coming from Texas the right to fly in US air space...and refuse to let them land at any airport NOT in Texas. Enforce a no-fly zone around Texas...shoot down any airplane that tries to escape.

After all, if Texas is going to refuse to enforce TSA regulations, how can we be sure they're not boarding hijackers?

Shut it down!!
 

Fenixgoon

Lifer
Jun 30, 2003
31,545
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I was subject to a ridiculous amount of "additional screening" at Chicago O'Hare last week upon presenting a military ID (which they checked for authenticity under UV light before directing me to the "special area.") I got the body scan, the metal detector, the groping\fondling AND the chemical swabbing of my hands for explosive residue. Good use of their\my time. :rolleyes:

you'd think having a military ID would give a free pass :p