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 had 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 United States grows with each day that passes.

h/t to Drudge


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redneck hippie
May 25, 2011 8:51 pm

You gave this story great coverage, line.’ There are so many criminal and near-criminal acts going down, it’s hard to keep up. Good work.

May 27, 2011 12:51 pm

I wish TX had held the line.

May 28, 2011 9:30 am

State Senator Dan Patrick led the fight and had the votes as of Tuesday morning. THen he was asked to hold the vote for awhile. During that time, feds from the TSA showed up in Austin and, Chicago-style arm twisted the Lt Gov. Federal employees lobbying a state legislature during an in session vote probably violates the Hatch Act of 1939, but what does -0- care about the law? So fow now the bill has collapsed in the Senate. Texans are by wide margin in support of it. We will see if it resurfaces. Where was Gov Perry? This is… Read more »