Originally Posted by
LuvAirFrance
So if a citizen comes to the security station with plans to crash the plane, you consider that treating the person as a "citizen" is the priority job. See, the trouble is that people have this unspoken prejudice that terror is something done to "citizens" by "foreigners". I think the dead babies in Oklahoma City would wish that were true.
No basically, citizens vs. noncitizens is not the dichotomy. Peaceable travelers versus conspirators is the one that counts. But I don't think that requires TSOs to abuse people not protected by the Constitution. If you are the peaceable part of the dichotomy, their job is to insure your peace remains intact. I don't think the Constitution is their primary concern. That concern has been addressed in Congress and the court system. Anything that these two bodies says is legal is, under our system of laws, legal. People who don't like that should emigrate to a desert island.
Let's clear one thing, if you are in America you are protected by the Constitution. It does not matter if you are a Citizen or Alien.
Yes I do think that treating someone as a citizen with all rights intact is the foremost priority.
There is absolutely no conflict in treating someone as a citizen and security. I suggest you take the time to read the Constitution. It is an amazing document that protects people inalienable rights and still allows the bad guys to be prosecuted.
Take the 4th Amendment
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
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.
If I were a nefarious person intent on causing harm to an aircraft, how would the application of the 4th Amendment prevent the TSO from stopping me?
Short answer is it wouldn't. An administrative search at the checkpoint is reasonable under the 4th Amendment if it is tailored to finding weapons, explosives or incendiaries (WEI) and is undertaken in good faith to that goal.
Translation: looking for bombs is Constitutional, reading love letters in my wallet or looking for money is not.
The Constitution has to be a primary concern of ANY Government entity. Every action they take must be Constitutional or they have broken the law.
Think of the Constitution this way, it is the "God Law", there is no law higher. Congress' job is to write law that adheres to the "God Law". The Court's job is to see how a particular set of circumstances match up to, not only the subservient law that the Congress writes, but also the "God Law".
Just because the Congress or for that matter State, or local entities create a law does not mean that the law is legal under the Constitution.
BTW the Courts have determined many times that the TSA's job at the airport is to look for WEI and that is it.
I will tell you what really bugs me about the TSA is not only do they break Constitutional law but they also violate the very laws they have written with the forced ID verification at the checkpoint and allowing unscreened TSOs and airport workers to enter the sterile area.