FlyerTalk Forums - View Single Post - Texas Bill to Definitively Rule TSA Actions Felony Sexual Assault (Merged Threads)
Old Apr 30, 2011 | 5:01 am
  #6  
RichardKenner
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by VH-RMD
what they will claim is Federal trumps state, but what if you are only flying from one port in Texas to another?
It doesn't matter whether it's interstate or not: the argument is that aviation is a Federal matter. If you're arrested on Federal drug charges, proving that the drugs were always within your state isn't a defense.

But it's not at all clear that supremacy would apply here or in what form. The classic case is where a locality passes a law that dictates flight paths. The FAA then argues (successfully) that they aren't bound by such a law.

Here, it's different because it's a criminal matter involving an individual that's clearly under the jurisdiction of the state. There's not a whole lot of precedent in a situation like that.
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