Texas vs the TSA

Right now, there is a great battle going on in the State of Texas. Over the last several months, the Texas legistlature has had a controversial piece of legislation floating around called the Travelers' Dignity Act, an anti-TSA bill that would clarify to TSA employees that they have no immunity from the Texas criminal code. The actions of the TSA in airports is a violation of the 4th Amendment of the U.S. Constitution as it amounts to an unconstitutional search and seizure. The 4th Amendment reads as follows: "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." I would like to commend Texas Representative David Simpson (author of the anti-TSA bill) for his efforts to stand up to the TSA, the Federal Leviathan, and more importantly, for standing up for the U.S. Constitution.

Texas Representative David Simpson released a letter on May 24th, 2011 to his fellow Representatives concerning the threats they have been receiving from the Department of Justice that the TSA would shut down airports (read:impose a no-fly zone) if HB 1937, the Travelers' Dignity Act became law. The letter reads as follows:

Dear Sirs:

Today you received a letter from Mr. John E. Murphy, United States Attorney, Western District of Texas in regards to House Bill 1937 currently up for consideration by the Senate.

In his letter, Mr. Murphy made a veiled threat to the elected officials of Texas that if we move to protect the constitutional rights of our citizens, the TSA could shut down flights to and from Texas airports.

175 years ago in the first battle of the Texas Revolution against Mexico, a small band of Texans stood in defiance at Gonzalez, turning back the attempt to deprive them of their weapon of defense, a single cannon.

Gentlemen, we find ourselves at such a watershed moment today. The federal government is attempting to deprive the citizens of Texas of their constitutional rights under the Fourth Amendment of the United States Constitution and Article 1, Section 9 of the Texas Constitution. If we do not stand for our citizens in the face of this deprivation of their personal rights and dignity, who will?

Time is critical. If the bill does not pass the Senate tonight it may very well be dead until the next legislative session. Meanwhile, our wives, our children, our mothers and grandmothers, will be rudely violated by federal employees out of control.

My response to Mr. Murphy’s factually inaccurate letter follows. Please give this matter your immediate attention.

For Texas And Liberty!

David Simpson

The DOJ attempted to rationalize there opposition to the anti-TSA bill by saying that it violated Federal law and the Supremacy Clause of the Constitutiuon. But this argument holds no water, since the TSA itself and the anti-terrorism measures they enforce are unconstitutional. The Supremacy Clause reads as follows: "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." (Note the emphasis of "in pursuance thereof"). As Tim Shoemaker of Campaign for Liberty notes: "Scanning and groping law-abiding American citizens as a condition for travel is something the founders would have abhorred."

Just recently, Texas Governor Rick Perry has allowed the anti-TSA bill to be considered in a special session of the Texas legislature after facing pressure from Representative David Simpson and anti-TSA groups to consider the bill. But as I have noted in my last blog post, I do not expect Governor Rick Perry to be supportive of the anti-TSA bill. But I once again commend Representative David Simpson for his efforts against the unconstitutional TSA and I hope and pray to God that the State of Texas would assert its' sovereignty and defend the natural God-given rights of its' citizens against the Federal Government.