TSA Officers Could Be Defined As Felons In Kansas

It looks as if Kansas legislators have had just about enough of the "security theater" of airport screening by the Transportation Security Administration. Rep. Brett Hildabrand helped to introduce HB 2175, which would make it illegal for TSA screeners to touch the private parts of passengers, as well as prohibit them from removing those passengers under eighteen years old from under control of their parents or legal guardians.

Twenty other House Republicans are joining him in pushing the bill and this would impact between 100 and 110 TSA officers at seven Kansas airports.

The Shawnee Republican said,

“Air travelers are subjected to aggressive, humiliating pat-downs, many of which would land the average stranger off the street in jail. But because the federal government has given someone a blue uniform and a badge, we are told that person has authority over our bodies and we must endure.”

Hildabrand pointed to the story of a three year old in a wheelchair that was scrutinized by the TSA and wrote:

"This is exactly why we need to pass HB 2175, regulating the TSA conduct in Kansas! This is yet another despicable assault by the TSA"

The TSA claims that the "Supremacy Clause," found in Article VI of the US Constitution gives the Federal government jurisdiction in this matter and it prevents states from regulating the federal government. That is only in the case where such jurisdiction is Constitutional. The particular clause in question reads:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The TSA blog arguing for the Supremacy Clause read, "We wish we lived in a world where you could just walk on a plane with no security screening, but that just isn't the case unfortunately. Aviation security agencies worldwide have been using pat-downs long before TSA was created to prevent dangerous items from getting onto airplanes. The pat-down is a highly effective tool to resolve certain alarms and keep these dangerous items off of planes that could cause catastrophic damage."

This is utter nonsense. The Federal government, prior to 9-11 did not engage in this practice. It is one thing for private airport security to engage in it. It is quite another for the Federal government to do it. It is a clear violation of the Fourth Amendment.

Furthermore, TSa is out to keep dangerous items off of planes, or so they say, but it has been demonstrated that many items they seek to keep off planes travel across country. It is also highly documented of their harassment and utter ridiculousness in regards to the porn scanners, testing of your drink for explosives before you board your flight and the silly notion of checking grandmothers and people in wheelchairs, subjecting them to humiliating unlawful and unconstitutional searches and in some cases seizures.

The State of Kansas can remove TSA officers from any and all airports if they so desire. The Federal government does not have the right to violate the Fourth Amendment rights of anyone, including those flying on airplanes.

Second, there is the issue of nullification. That's right, the Tenth Amendment. While many states are already pushing nullification of the National Defense Authorization Act and Obamacare, Kansas should push the envelope. While I applaud Rep. Hildabrand's efforts, it doesn't go far enough. Where in the Constitution does the US Federal government possess the authority to federalize airport security and in the process demand the violation of the Fourth Amendment rights of passengers before they may board an airplane? It isn't in there.

However, remember it wasn't long ago that Texas tried a similar move and though there were the votes, the Feds made a threat of shutting down flights in and out of Texas and lawmakers backed off. As long as they will not stand up against tyrants, the tyrants will continue to be bullies. It's time to actually stand for freedom and throw off the chains of an oppressive Federal government.

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  • reggiec

    The TSA justifies their searches by saying that when you buy an airline ticket you give tacit approval to be searched. This is indeed a very slippery slope. Next it could be a bus ticket, train ticket or just driving on part of the highway system. American citizens are being treated like the proverbial frog in a pan slowly brought to a boil.

  • Paines Ghost

    If I may add my thoughts to the question of the TSA in general.

    The TSA is the roots of the Brown Shirts in America. Back in Germany they got away with it and this very small group of lawless SCUM will join hands with the IRS and FEMA and way too many City Police Departments will become the enemy that will attempt to relieve us of our guns and our liberty.

    I recommend that in every state there be a web site with the names of ALL TSA AGENTS in that state. Names, addresses, the works. Pictures, so that when the SHTF and knowing who is whom is important, we will KNOW who our enemies are.

    Might add all employees of the State Fire Matshall as that is a PREMIER government agency in the war against our rights. If you don't think so, look at how easy it ISN'T to put on a large fireworks display, no matter how much money you have. There was a time when you could just go and buy the stuff, but the nannies know better, and even a licensed operator needs to file for every single firework event specifying a site map and list of everything that will be shot. Pay fees, be subject to inspections which have to be paid for. Do you even remember being able to buy and shoot fireworks?

    Goon from the local fire marshall told me I can't burn yard debris in my 1/2 acre yard because "they just can't allow uncontrolled burning" in suburban Oregon for pity's sake. No law against it, just administrative rules which are NEVER brought up for legislative review, giving bureaucrats the ability to capriciously make RULES that have the force of LAW including criminal penalties. While he was there to tell me I can't burn, he took a GOOD LOOK around at my property obviously noting my resources.

    Make these goons VISIBLE. Hold them up to PUBLIC RIDICULE not when the SHTF but BEFORE. Make sure they know that if they choose to be stooges of an unconstitutional government, we will NOT have them in our society when decision time comes.

    Free much?

  • T. Jefferson

    Profile people. The left say it is racist. If a 6 foot tall 220 pound black man robs someone, do you detain and search an 80 year old white grandmother in a wheelchair looking for him? No, that's just absurd. If your looking for an arab terrorist, do you feel up a 6 year old girl looking for him? No, again absurd.
    Israeli's have been monitoring for terrorists for years without the extreme (and illegal) actions taken by the TSA. Time to remove these perverts from the country. Time to charge the violators of innocent people with the crimes they are guilty of and imprison them. I'm sure they will be well taken care of in "general population".

  • Public Citizen

    Kansas needs to put some real teeth in the law and stipulate that reliance upon the supremacy clause as a defense shall result in the additional charge of conspiracy attaining to the original charge.
    They should further stipulate that any employee, representative, or elected official of the Federal government making any statement or causing any statement with respect to the supremacy clause to be published by any means as governing the actions of agents or employees of the TSA ~no matter where situated at the time the utterance or action occurs~ shall be committing the crime of conspiracy under Kansas Law and shall be subject to extradition and prosecution if it can be demonstrated that a TSA employee or agent has relied upon that statement or publication in any way.

  • Patrick Duffy

    It's already illegal to for one citizen to molest another. The current laws need to be enforced, and the TSA agents arrested when they violate the law. Why do we need a new law? Please tell me why a law has to target a particular group? Just enforce the law. It is that difficult?

  • David Berry

    Can you imagine what would happen if the Feds did stop flights in and out of Texas? How many corporations would be on the governments ass to sort the situation? Airlines, FEDEX, USPS, UPS, and some of the largest oil companies. Then there's all the businesses that would lose money IMMEDIATELY, from their airport franchises. I say Texas should call the Feds' bluff and see how long such an action would last - two days is my guess.

    Further, such an action would prevent delivery of the US mail (by air), a federal offense.


  • ingrid

    Please remember that all these agencies are privately owned, meaning corporations, and as such cannot legislate nor impose/force their "ways". USA is also a corporation, as are all cities, towns, counties, and departments serving the public as private businesses. There is a lot the People don't know. Check out The One People's Public Trust (OPPT) AND YOU'LL LEARN A LOT. If it ever happens to me, such pat down, I will sue the private corporation TSA and sue for monetary damages, and will sue all other corporatins involved according to their own code, Unified Commercial Code.

  • Barefoot

    When will "we the people" get fed up enough? WAKE UP PEOPLE!!! The Feds are buying "billions" of rounds of ammo! They're hiring people as Homeland Security a d TSA agents that are ex-felons and pedo's!
    What's this all about??! I'll tell you what it's about! Control!! The people we've supposedly elected to represent us, HAVE TURNED AGAINST US, and want to make us their little puppets! They are EXPECTING that we'll get wise to them, want to take our guns so they can rule without fear from us little idiots! And we ARE IDIOTS! We're idiots for letting them get this far with it!
    Is it too late?! You tell me! Obama firing our generals that honor the constitution and tell him they won't fire on American civilians! That means he wants 'his' army to control us and if we resist, KILL US!!
    WAKE UP BEFORE IT'S TOO LATE TO STOP THEM!! Impeach everyone of them that has dishonored our constitution and our forefathers!!
    Get a clue and man up!! No flying till the TSA is gone!! Buy guns and ammo fast!! You WILL need it, sooner. NOT later!!

  • Chuck

    Arm pilots and also put air marshals on random flights. Quit the un-american, anti-fourth amendment crap. Our country is going down the sewer so fast it's sick.

  • Michael

    Not sure what is going on in Tennessee, but their highway patrol is now allowing TSA thugs to stop 18 wheelers and conduct what amounts to unlawful searches. If TSA continues with this trend, soon those thugs will be doing all sorts of unannounced stops. Have you heard, "Your papers!" lately? If not, you soon will.

  • 7papa7

    Go Kansas. Why not start with throwing the TSA out and bring in a private concern who you can dictate the rules. We don't need a bunch of pedophile communists. They must go for the protection of the people.

  • Phillip_In_Texas

    The sooner TSA is gone, the better!

    TSA - an acronym - "Tyranny Sweeping America"

  • JoeRfromTexas

    My answer to the TSA problem was to simply refuse to fly or, for that matter, even set foot on airport property. Many other people have done the same thing BUT what it takes is for *everyone* subject to the TSA's thugish tactics to just say NO and rent a car instead. NOTHING speaks louder than money..... and the loss if it at all the airports in the nation would be a sound heard beyond the heavens.

  • http://CAPTCHA Groundzero

    Tell me why conservative lawyers don't take TSA to court & make them go private security. Using all these frisk for the case! The Progressives would!

  • kbcab

    Some of these TSA folks are just perverts that can't find a job somewhere else...

  • Michele

    This last weekend I tolerated a TSA agent ,who essentially threatened me with missing my flight, when I asked to be screened with my daughter, which required two female screeners. While one agent was frisking me (without a warrant ;-/) and trying to influence me, the other one was telling my daughter that 17 wasn't a legal minor. What?!?!? My daughter does not want to go through this. She knows her mother's stance about unconstitutional actions by what might be considered an illegitimate police force but would rather just walk through the cattle gate. However, she is now beginning to suspect either the intelligence or the training of the TSA. Which, in my book, is a good thing. Hopefully more states will begin to act as Kansas and more news reports will begin to interview those political scientists that can educate the American public on what it means to give up such rights so easily.

  • Janice

    I agree with Kansas, yet they did not go far enough. The Federal Government is NOT the ones in control of our bodies, nor our children under 18, just to name a few. Agreeing with Faithwalk,
    If more people would stand up to them we wouldn’t be doing this.
    it is not making us safer just more subjugated. It gives the government more jobs and control. The Feds want total control of every American (& the world), telling us what food we can eat, telling us what light bulbs to buy saying WE CANNOT THINK - only the Feds can. The Feds is "full of it!" Go Kansas and all others who stand up!!!!!!

  • Kafir

    Time to target TSA perverts at their homes for harassment...

  • Faithwalk

    This is a start. Why would any parent allow a child out of their sight with an agent to begin with?
    I refuse to go through the radiation machines so I was patted down by a manly looking woman. Not ideal but I refuse to be radiated.
    If more people would stand up to them we wouldn't be doing this.
    It is not making us safer just more subjugated. It gives the government more jobs and control.