I've been engrossed in the various articles pertaining to the ever more Gestapo-like tactics of the TSA under Janet Nepalitano the past couple of
months and I stumbled across this article today.
TSA ejects Oceanside man for refusing security
check In reality, it seems like the article title was carefully crafted to obfuscate what really happened and pre-condition the average reader
to have a confrontational attitude against the passenger from the get go. A more accurate headline would have been "Man submits to basic security
check, refuses when TSA crosses the line into sexual assault." but I digress. The role the media plays in felating our government's desire to make
Nineteen-Eighty-Four a more palatable reality isn't the focal point here.
While I was reading the article, something stuck in my craw big time... The following is the transcript of a conversation between the passenger, John
Tyner, and an (unfortunately) unnamed TSA supervisor:
A supervisor is heared re-explaining the groin check process to Tyner then adding "If you're not comfortable with that we can escort you back
out and you don't have to fly today."
Tyner responded "OK, I don't understand how a sexual assault can be made a condition of my flying."
"This is not considered a sexual assault," replied the supervisor, calmly.
"It would be if you were not the government," said Tyner.
"By buying your ticket you gave up a lot of rights," countered the TSA supervisor.
"I think the government took them away after 9/11,' said Tyner.
"OK," came the reply
WHAT!?!?!
This nation was founded on the principles of free men having inalienable rights. Those rights were enumerated for us by the founding fathers. The
key words here are "free men" and "inalienable." You cannot "give up" your rights because noone can take your rights as an American. The only
way you can "give up" your rights (barring commision of a crime) is by renouncing your citizenship as an American. THAT IS THE ONLY WAY. So,
considering this, you are either being considered a criminal by the government and TSA or you are legally renouncing your citizenship when you fly? I
think we know it isn't option #2, because that would open up some doors for refusal of service, tax responsibility, etc... so I would say it is a
safe assumption to assume that the TSA is simply considering everyone who's trying to fly is a convicted criminal...
WHOOPS! Somebody needs to break out their pocket Constitution.
4th Amendment:
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.
5th Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject
for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just
compensation
NOTE: This raises yet another specter... you cannot be held or processed as a criminal in the United States unless you have been Mirandized. Is the
TSA reading the Miranda warning to everyone when they purchase their ticket? No? Hmmm....
All of the conversations and arguments over naked body scanners, pat downs, groping, and illegal searches essentially need to be wrapped up in a
single topic and that topic needs to be tried in the courts. The real issue here is whether or not the TSA is legally authorized to conduct self
contained due process of law required to affect American citizens' accessibility to their Constitutional Rights. If the answer from the courts is
"Yes, they do" then, in order to continue the way they are, the TSA will have to follow the same rules and standards as the rest of the justice
system of the USA. That means full disclosure to the traveler, Miranda Warnings when tickets are purchased, and a ffully transparent system. This
will also mean that they will be forced to declare any air traveler as a criminal, and inform them each of such prior to them choosing air
transportation. Unfortunately, I think we all know that the federal government will never allow this change to occur. Any court that dared judge
against the TSA would immediately be overruled by a higher court and, if necessary, the SCOTUS would be comprimised and instructed to uphold the
TSA's God status by powers higher than the Justices.
Yet one more reason why this Burd doesn't fly.
A closing quote which I think applies nicely to this:
Government big enough to give you everything you want is big enough to take from you everything you have.
-Gerald Ford
Can everyone please take a moment from their day to slap anyone they know who wanted a government big enough to "keep us safe" from those scary
terrorists and ended up instead giving us a government big enough to rob us of everything else.