Anti-Groping Legislation Halted by DOJ Threats
June 2nd, 2011
Defending their Constitutional right to be Unconstitutional
In a disappointing set back for civil liberties and personal freedoms, the Texas Senate has decided to halt passage of an anti-groping bill that made it through the Texas House. This bill, if passed, would’ve barred the TSA from grabbing a person’s private parts without probable cause, which is the TSA’s new preferred method of security.
When this bill seemed destined for quick Senate passage and a signature by Governor Rick Perry, the Department of Justice moved in, citing the “supremacy” clause in the Constitution that prohibits states from tampering with federal law and federal agencies. Also, the TSA said that it would close all airports in Texas if this bill was passed, stating that it couldn’t guarantee the safety of passengers if it was restricted from conducting these searches. In response, the Texas Senate halted discussion of the measure, a move that was profoundly un-Texan, given the state’s mantra of “Don’t Mess With Texas!”
There is a silver lining to this story, however. The decision of the state of Texas to challenge the TSA spawned similar measures in eight other states, which should demonstrate to the federal government that the TSA’s pat downs and groping practices are not going unnoticed or unchallenged. While the Supremacy Clause can be invoked in this case, what the TSA is doing is in violation of the 4th amendment. So in effect, the TSA is using one part of the Constitution to violate another part of the Constitution. Texas may have given up the fight, but that doesn’t mean everyone else has to either. As Benjamin Franklin once said “A man who gives up his freedom for security deserves neither”.
