TSA and the Constitution
Feb 8, 2009 | 4:47 pm
#1
Original Poster
Join Date: Aug 2004
Posts: 4,704
TSA and the Constitution
I've read a few thousand posts in my time here on TS/S that state, either directly or implied, that if only TSA was disbanded/abolished/go back in time and prevent then we would be able to save the Constitution. My question is- what parts of the TSA's mission and/or actions are unconstitutional.
Be specific as to what about the TSA is offensive (legally speaking, that is) and what parts of the Constitution are affected.
Incidentally, this is a serious question in case there's any doubt.
Be specific as to what about the TSA is offensive (legally speaking, that is) and what parts of the Constitution are affected.
Incidentally, this is a serious question in case there's any doubt.
Feb 8, 2009 | 5:07 pm
#2
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 58,132
I've read a few thousand posts in my time here on TS/S that state, either directly or implied, that if only TSA was disbanded/abolished/go back in time and prevent then we would be able to save the Constitution. My question is- what parts of the TSA's mission and/or actions are unconstitutional.
Be specific as to what about the TSA is offensive (legally speaking, that is) and what parts of the Constitution are affected.
Incidentally, this is a serious question in case there's any doubt.
Be specific as to what about the TSA is offensive (legally speaking, that is) and what parts of the Constitution are affected.
Incidentally, this is a serious question in case there's any doubt.
I disagree mightily with both of these assertions. All searches should only be conducted with explicit consent and permission. And "public safety" be damned: the should never be such exceptions to the 4th Amendment.
Last edited by Spiff; Feb 8, 2009 at 5:29 pm Reason: typo
Feb 8, 2009 | 5:19 pm
#3
Join Date: Apr 2008
Posts: 843
Currently, the Constitution's interpretation unfortunately includes permissibility of "implied consent" searches and permits searches that would normally be forbidden to be conducted if "public safety" is the reason for the search.
I disagree mightily with both of these assertions. All searches should only be conducted with explicit consent and permission. And "public safety" be damned: the should never be such exceptions to the 5th Amendment.
I disagree mightily with both of these assertions. All searches should only be conducted with explicit consent and permission. And "public safety" be damned: the should never be such exceptions to the 5th Amendment.
"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."
The 5th protects against abuse of government authority in legal procedures.
Feb 8, 2009 | 5:20 pm
#4
Original Poster
Join Date: Aug 2004
Posts: 4,704
Currently, the Constitution's interpretation unfortunately includes permissibility of "implied consent" searches and permits searches that would normally be forbidden to be conducted if "public safety" is the reason for the search.
I disagree mightily with both of these assertions. All searches should only be conducted with explicit consent and permission. And "public safety" be damned: the should never be such exceptions to the 5th Amendment.
I disagree mightily with both of these assertions. All searches should only be conducted with explicit consent and permission. And "public safety" be damned: the should never be such exceptions to the 5th Amendment.
And to clarify, TSA searches aren't implied consent. I once thought they were, as they were what seemed to apply from my LE work. Actually, they're administrative searches, which are derived from United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973).
Feb 8, 2009 | 5:27 pm
#6
Join Date: Apr 2008
Posts: 843
In case anyone needs to review. US Constitution
Feb 8, 2009 | 5:29 pm
#7
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 58,132
Do you mean the 4th Amendment, Spiff?
"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."
The 5th protects against abuse of government authority in legal procedures.
"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."
The 5th protects against abuse of government authority in legal procedures.
Typo fixed! 
Feb 8, 2009 | 5:30 pm
#8
Original Poster
Join Date: Aug 2004
Posts: 4,704
In form and function I can't see much difference.
Feb 8, 2009 | 5:35 pm
#9
Join Date: Apr 2008
Posts: 843
Me neither. But there are quite a few folks on this message board who have a problem with the Government being involved in searching them.
Feb 8, 2009 | 5:41 pm
#10
FlyerTalk Evangelist
Join Date: Dec 2003
Location: Miami, FL
Programs: AA EXP/Marriott Plat/Hertz PC
Posts: 12,724
Aside from that, I don't care what the Supreme Court says, government instituted searches before boarding aircraft are plainly against the letter and spirit of the 4th amendment. The Supreme Court is just wrong.
Feb 8, 2009 | 5:45 pm
#11
Original Poster
Join Date: Aug 2004
Posts: 4,704
Aside from that, I don't care what the Supreme Court says, government institute searches before boarding aircraft are plainly against the letter and spirit of the 4th amendment.
Feb 8, 2009 | 5:46 pm
#12
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 58,132
Feb 8, 2009 | 5:58 pm
#14
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 58,132
Feb 8, 2009 | 6:00 pm
#15
FlyerTalk Evangelist
Join Date: Dec 2003
Location: Miami, FL
Programs: AA EXP/Marriott Plat/Hertz PC
Posts: 12,724