Nullify the TSA? Why would we want to do such a thing!?!

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The Transportation Security Administration (TSA) must love being in the limelight.  Their latest victory in the “War on Terror” has made national news.

This time they saved the American people from the dangerous Shelbi Walser, a 12-year old girl who suffers from a genetic bone disorder that has left her confined to a wheelchair.  Young Shelbi and her mother, Tammy Daniels, were at DFW International Airport on their way to Florida for medical treatment when TSA agents allegedly found explosives residue on Shelbi’s hands.

This whole fiasco was very upsetting to both Shelbi and her mother, who was physically restrained and not allowed to comfort her daughter.  In the end, it was apparently determined that Shelbi did not pose an imminent threat to national security and she and Ms. Daniels were allowed to board their flight.

Now I know that it’s completely taboo to use racial profiling to catch bad guys people who would do us harm, but how many terrorists and/or highjackers throughout history have been 12-year old, Caucasian girls confined to a wheelchair?!?  I’m no expert, but at the risk of being made a fool I’ll go out on a limb here and say… ZERO!

But I digress…now onto my point.

Transportation Security Administration (TSA) procedures such as full body scans and personal, invasive pat-downs are in direct violation of the Fourth Amendment and are thus unconstitutional. While the U.S. Constitution does not specifically mention a right to privacy, many Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the Ninth Amendment. In addition, right to privacy is inherent in many of the amendments in the Bill of Rights, such as the Fourth Amendment’s search and seizure limits, and the Fifth Amendment’s self-incrimination limit. Full body scanning and enhanced physical pat-down checks violate American citizens’ right to privacy and are an assault on our human dignity, as well as our physical, emotional, and mental well-being.

So what is the solution to the TSA’s blatant violations of the Constitution?  I’m so glad you asked!

“…where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits…”
-Thomas Jefferson – The Kentucky Resolutions of 1798 (Draft)

 

Scott Landreth is the Ohio Chapter Coordinator for the Tenth Amendment Center, a national think tank that serves as a forum for the study and exploration of state and individual sovereignty issues, focusing primarily on the decentralization of federal government power as required by the Constitution. Send him e-mail to scott.landreth@tenthamendmentcenter.com.

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