Status of Anti-gropiing (TSA Security Patdowns) bill in Texas.... (merged threads) (Commerce: how much, attorney)

[mikeydoo21]

no offence but you need to go back and read it again carefully,the states have every right,but even if they did not it is still the right thing to do to stand up for your freedoms and the rights of all americans,wait until they show up in your neighborhood

[TexasReb]

Originally Posted by texasdiver

I'm not sure what the fuss is about. The supremacy clause of the constitution means that the Texas legislature has no ability to regulate or affect the actions of a Federal agency like the TSA. Only Congress can do that. Any nonsense that the State Legislature passes in an attempt to regulate the TSA is just pointless grandstanding and will be instantly struck down in Federal court.

The "fuss" is that too many TSA agents (all too many who cannot even speak English) are using their petty bureaucratic power to grope American citizens and get some cheap jollies. That's the fuss.

Struck down in a federal court? Maybe. But let's take it to that level and see what happens!

The Supremecy Clause only speaks the truism that those powers not specifically delegated to the federal government are superior to those of the states. Far as I know, federal law does not permit sexual assault, thus the states have a right to enforce the said laws within their own jurisdiction.

God Bless Texas, and stick to our guns on this. Even if we loose, we will at least have a course to determine the future!

[TT Dave]

Originally Posted by TexasReb

The "fuss" is that too many TSA agents (all too many who cannot even speak English) are using their petty bureaucratic power to grope American citizens and get some cheap jollies. That's the fuss.

Struck down in a federal court? Maybe. But let's take it to that level and see what happens!

The Supremecy Clause only speaks the truism that those powers not specifically delegated to the federal government are superior to those of the states. Far as I know, federal law does not permit sexual assault, thus the states have a right to enforce the said laws within their own jurisdiction.

God Bless Texas, and stick to our guns on this. Even if we loose, we will at least have a course to determine the future!

I agree Reb! IMO, every single act of groping should be prosecuted to the fullest extent possible under the law. I'm not talking about TSA agents that are just doing their jobs and doing the standard pat downs, but those that are clearly abusing their power.

[getmeoutofhere]

Originally Posted by TexasReb

The "fuss" is that too many TSA agents (all too many who cannot even speak English) are using their petty bureaucratic power to grope American citizens and get some cheap jollies. That's the fuss.

Struck down in a federal court? Maybe. But let's take it to that level and see what happens!

The Supremecy Clause only speaks the truism that those powers not specifically delegated to the federal government are superior to those of the states. Far as I know, federal law does not permit sexual assault, thus the states have a right to enforce the said laws within their own jurisdiction.

God Bless Texas, and stick to our guns on this. Even if we loose, we will at least have a course to determine the future!

You're thinking of the 10th Amendment. The Supremacy Clause specifically states that federal power is supreme over state power in areas where there is a conflict between state and federal laws.

This is not something added a lot later on in an amendment, this is specifically in the Constitution and backed by almost 200 years of jurisprudence. It explicitly and specifically applies to just this type of situation.

This is power and authority specifically designated to the federal government and Texas has no authority at all to regulate it. The Supreme Court wouldn't even grant cert on a case like this because there is absolutely no question at all. Federal law trumps state law. Period.

[mikeydoo21]

well i for one think texas needs to tell the feds what they can go do with themselves and kick them all out of the state

[getmeoutofhere]

They tried that back in the mid-1800's. Didn't work so well.

[mikeydoo21]

well maybe the united nations would put sanctions on the rest of the country and inforce a no fly zone,lol

[LilyLady]

My only comment is that if anyone did that to us (groping) in the "outside" world, we'd be able to file sexual assault charges. But I guess it's supposed to be okay because it's TSA? Something is very wrong with that picture.

[verybadgnome]

Originally Posted by LilyLady

My only comment is that if anyone did that to us (groping) in the "outside" world, we'd be able to file sexual assault charges. But I guess it's supposed to be okay because it's TSA? Something is very wrong with that picture.

There are worse things than this. If you go to Israel they have the right to ask you all sorts of personal information including which synagogue you attend, and they have the right to reject your entry based on their subjective criteria alone. This issue is not entirely about individual rights that some in this country over-emphasize, but rather the right of other travels to use the airline system in a secure and safe manner. If you know a way of fully inspecting a person without resorting to scanners or a pat down please tell us.

[TexasReb]

Originally Posted by getmeoutofhere

You're thinking of the 10th Amendment. The Supremacy Clause specifically states that federal power is supreme over state power in areas where there is a conflict between state and federal laws.

I am not just "thinking" about it, I am specifically referring to it and it supercedes the "supremacy clause" in those areas where the powers delegated to the federal government are not clearly delegated to them by the soveriengn states.

This is not something added a lot later on in an amendment, this is specifically in the Constitution and backed by almost 200 years of jurisprudence. It explicitly and specifically applies to just this type of situation.

As is the 10th Ammendment of the Bill of Rights (i.e. part of the original Constitution).

Going by your logic, then there is literally NO area where the states retain any soverignty at all. I don't buy that. BTW -- the Confederate States of America also had a "supremacy clause", so that fact alone has to have significance in that it referred to that federal law trumps state law ONLY in those areas where the feds have specified and delegated powers.

This is power and authority specifically designated to the federal government and Texas has no authority at all to regulate it. The Supreme Court wouldn't even grant cert on a case like this because there is absolutely no question at all. Federal law trumps state law. Period.

Does federal law permit sexual harrassment/assault? If it does, then ok, you might have a "case" (pun intended! LOL), but if it does not,then state laws forbidding such are a grounds upon which to challenge the feds and the supremacy clause as to just how far it goes.

I say let's at least take it to the next level and see what the courts say...