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State Legislatures Attempt To Limit TSA Searches

OverTheGeicoE writes "Here's a familiar story: a breast cancer survivor's mastectomy scars showed up on a TSA scan, which forced a horrifying pat-down ('feel-up' in her words) of the affected area. The woman decided that she would not subject herself to that again, and was barred from a later flight from Seattle to Juneau for that reason. But now the story takes an interesting turn: the woman is Alaska State Rep. Sharon Cissna, and once she finally made it back to Alaska she started sponsoring legislation to restrict TSA searches. Her many bills, if passed, would criminalize both pat-downs and 'naked scanning,' as well as require better health warnings for X-ray scanners and even studies of airport screenings' physical and psychological effects. Other states, including Utah and Texas, are considering similar legislation. For example, Texas State Rep. David Simpson is preparing to reintroduce his Traveler Dignity Act again in 2013 if he is re-elected. The last time that bill was being considered the Federal government threatened to turn all of Texas into a 'no-fly zone'."

22 of 601 comments (clear)

  1. FUCK THE MAN! by Anonymous Coward · · Score: 5, Funny

    Wait....

  2. Supremacy Clause by Srsen · · Score: 5, Informative

    The Supremacy Clause of the US Constitution states that, when there is a conflict, Federal law always trumps State law. So these measures are a nice gesture but ultimately useless. Too bad, I agree with them in principle, just not in execution.

    1. Re:Supremacy Clause by Anonymous Coward · · Score: 5, Interesting

      You might actually be wrong, there are limited cases where the states can manage this. Now with something like medical weed you have an outright conflict. There are cases where states are allowed to do more, for example in Oregon their definition of free speech is much wider and more inclusive than the federal definition.

      The TSA may very well decide to comply with local laws in those States, it's simply not worth the fight. At any rate, some sort of balance must be struck in this case, because I'm beginning to think people like the IRS more than the TSA.

    2. Re:Supremacy Clause by kingramon0 · · Score: 5, Informative

      In order for Federal Law to trump state law, it has to be made in pursuance of its Constitutionally delegated powers. If Congress passes a law which they are not granted the power to do as part of their enumerated powers, then it does not trump state laws. That is why there is no federal drinking age, speed limit, etc. Those powers are not granted to it, so instead they simply bribe the states into passing laws to their intended effect by threatening to withhold transportation money.

      Powers that are not enumerated to the Federal government belong to the states to begin with, and therefore cannot be trumped by Federal law. Laws concerning criminal activity such as assault, cannot be trumped by Congress. Therefore, if a state passes a law that classifies what the TSA is doing as assault, it definitely is within their power. That is why the feds have to resort to threatening to shut down their airspace if the law is passed rather than challenge the law in court.

      "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, anything in the constitution or laws of any state to the contrary notwithstanding." (Article VI, Clause 2)

      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (10th Amendment)

    3. Re:Supremacy Clause by theshowmecanuck · · Score: 5, Informative

      Psssssst... hey buddy, the DEA doesn't care about state laws. They'll arrest you anyway if you find a way to get on their radar.

      --
      -- I ignore anonymous replies to my comments and postings.
    4. Re:Supremacy Clause by ndege · · Score: 5, Insightful

      The same situation occurred back in the day with Montana's [lack of posted] speed limit.

      Its all about the federal income tax pulling from the pockets of [state] citiziens, then giving the funds back to the states if they play by the Federal "rules".

      This is how the highway system has worked for years.

      However, if taxes were decreased at a federal level and increased at the state level, the states would then be able to pay for their own roadwork without Federal involvement. But, how would that help Federal control?

      --
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    5. Re:Supremacy Clause by Anonymous Coward · · Score: 5, Insightful

      Agreed, but that purpose was already served by the armored cockpit doors. Nothing else is required to prevent cabin access, and passengers are very unlikely to tolerate threats to other passengers or flight personnel as they did in the past.

    6. Re:Supremacy Clause by Politburo · · Score: 5, Interesting

      Obama has not been friendly to the states on MMJ because he realizes that if he lets a state opt-out of one federal law, that opens the door for all of them. This would result in the healthcare bill being taken apart by red states.

    7. Re:Supremacy Clause by scot4875 · · Score: 5, Insightful

      Unfortunate as your loss was, this is a prime example of why we shouldn't let people who have been emotionally compromised to make decisions.

      The really sad thing is that after 9/11, pretty much the entire country was emotionally compromised. Look where that got us.

      --Jeremy

      --
      Jesus was a liberal
    8. Re:Supremacy Clause by Firehed · · Score: 5, Interesting

      That will not happen again - there's simply no chance of it unless there's a serious flaw in the plane's avionics that allow a remote takeover. Between armored cockpits and passenger awareness (a successful hijacking is assumed to mean death and destruction rather than an unplanned vacation in the tropics), the worst that could happen is someone sneaking a bomb on the plane and detonating it. While by no means good, it has limited impact and the same thing could be achieved in any number of ways much more easily. And let's face it - anyone could do far more human damage much more easily by acting as a suicide bomber in a security line (you know, before the checkpoint). We don't need the TSA to do that.

      Condolences for your loss, but this works out to a numbers game. There are ten times the number of driving-related deaths PER YEAR than the number of people killed in domestic terror attacks*, and you can be damn sure that drunk driving could be nearly eliminated with TSA's budget. Hell, use the money to sponsor free cab rides.

      In fact, the main reason I hate the IRS is because my tax dollars are going to fund operations like the TSA. I have no problem with paying taxes, provided they're used responsibly and productively. That's simply not the case here.

      * Ignoring the war on terror - those deaths, while also unfortunate, are the result of an overzealous and incompetent government

      --
      How are sites slashdotted when nobody reads TFAs?
    9. Re:Supremacy Clause by Maxwell'sSilverLART · · Score: 5, Informative

      obama has not been as friendly to the states' wishes as he could have been, but you better believe that under R control, it was an all out war. currently, the war is mostly on-hold wrt MMJ.

      just keep that in mind when you go to vote.

      Keep this in mind, too:

      Yet the DEA’s raids continued. If anything, the pace picked up. Americans for Safe Access counts at least 41 raids on growers or dispensaries between Obama’s inauguration and the Ogden memo, almost five a month on average. As of late May, there had been at least 106 raids since the Ogden memo, nearly six a month. In fact, medical marijuana raids have been more frequent under Obama than under Bush, when there were about 200 over eight years.

      http://reason.com/archives/2011/09/12/bummer/singlepage

      And this:

      But over the past year, the Obama administration has quietly unleashed a multiagency crackdown on medical cannabis that goes far beyond anything undertaken by George W. Bush. The feds are busting growers who operate in full compliance with state laws, vowing to seize the property of anyone who dares to even rent to legal pot dispensaries, and threatening to imprison state employees responsible for regulating medical marijuana. With more than 100 raids on pot dispensaries during his first three years, Obama is now on pace to exceed Bush's record for medical-marijuana busts. "There's no question that Obama's the worst president on medical marijuana," says Rob Kampia, executive director of the Marijuana Policy Project. "He's gone from first to worst."

      The federal crackdown imperils the medical care of the estimated 730,000 patients nationwide – many of them seriously ill or dying – who rely on state-sanctioned marijuana recommended by their doctors. In addition, drug experts warn, the White House's war on law-abiding providers of medical marijuana will only drum up business for real criminals. "The administration is going after legal dispensaries and state and local authorities in ways that are going to push this stuff back underground again," says Ethan Nadelmann, director of the Drug Policy Alliance. Gov. Lincoln Chafee of Rhode Island, a former Republican senator who has urged the DEA to legalize medical marijuana, pulls no punches in describing the state of affairs produced by Obama's efforts to circumvent state law: "Utter chaos."

      http://www.rollingstone.com/politics/news/obamas-war-on-pot-20120216

      And this:

      SAN FRANCISCO (CBS/AP) – Federal prosecutors have launched a crackdown on pot dispensaries in California, warning the stores that they must shut down in 45 days or face criminal charges and confiscation of their property even if they are operating legally under the state’s 15-year-old medical marijuana law.

      In an escalation of the ongoing conflict between the U.S. government and the nation’s burgeoning medical marijuana industry, California’s s four U.S. attorneys sent letters Wednesday and Thursday notifying at least 16 pot shops or their landlords that they are violating federal drug laws, even though medical marijuana is legal in California. The attorneys are scheduled to announce their coordinated crackdown at a Friday news conference. ...
      The move comes a little more than two months after the Obama administration toughened its stand on medical marijuana following a two-year period during which federal officials had indicated they would not move aggressively against dispensaries in compliance with laws in the 16 states where pot is legal for people with doctors’ recommendations.

      The Department of Justice issued a policy memo to federal prosecutors in late June stating that marijuana dispensaries and licensed growers in states with

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    10. Re:Supremacy Clause by 1s44c · · Score: 5, Insightful

      The TSA are wasting boatloads of money sexually assaulting and generally harassing everyone they can get their hand on. The reason whoever hijacked a number of planes at the same time is that they knew it was a one time thing, do it once and it will never work again.

      If anyone of average intelligence with moderate funding wants to blow up some big landmark he won't use a hijacked airplane next time.

    11. Re:Supremacy Clause by Anonymous Coward · · Score: 5, Funny

      This is inconsistent with my "VOTE OBAMA" rhetoric. Please mod it down.

    12. Re:Supremacy Clause by dkleinsc · · Score: 5, Informative

      Your reading of Civil War history is flat out incorrect.

      * November 1860: Abraham Lincoln gets elected on a platform of stopping the expansion of slavery into territories that didn't already have it - i.e. When the federal government created states out of Arizona and New Mexico (which they weren't at the time), they'd be free states. His election campaign was centered around that argument, which was by far the biggest issue of the day, but he did not push for abolishing slavery in places where it already existed. This was significantly more moderate a position than what the notable abolitionists wanted.
      * Nov 1860-Feb 1861: Seven states secede from the United States and form the Confederacy, interpreting Lincoln's platform of not expanding slavery as a slippery slope towards abolishing slavery in their states. The rhetoric used to convince state legislatures to secede is very explicitly about slavery.
      * Mar 1861: Abraham Lincoln takes office. Notice that this happened after the Confederacy was already formed.
      * Apr 1861: South Carolina forces open fire on Fort Sumter, which has been beseiged for 5 months prior.
      There's no reasonable way to argue that the Confederacy did not start the war, and there's no reasonable way of reading the Confederacy's motives as being about anything other than slavery.

      In addition, Lincoln was very very careful not to threaten slavery in states that already had it, because if he had, he would have lost the support of Maryland (leaving Washington DC surrounded by enemies), Kentucky, and possibly the newly-formed West Virginia, which were slave-holding states that did not secede.The Emancipation Proclamation (which created the stated goal of freeing the slaves) wasn't until the war had been going on for over 2 years, and the 13th Amendment abolishing slavery wasn't passed until after the war was over.

      However, depending on when and where you received your education, it's quite possible that you got the version of the "War of Northern Aggression" in which Abe Lincoln threatened people's freedom and then sent William T Sherman to wreck everything the South had for no reason whatsoever. But that view of things is simply not supported by the documents we have.

      The Disunion series over at the New York Times has all sorts of excellent primary documents and articles by historians looking at almost every angle of the war, which I highly recommend.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    13. Re:Supremacy Clause by Hatta · · Score: 5, Insightful

      "Pretty much the entire country" except for the "moon bat" left. It was obvious us from 9/12 that the overreaction to the attacks would be far worse for the country than the attacks themselves were. Of course when we spoke up we were smeared as unpatriotic. You probably don't remember that the lead up to Iraq war included some of the largest demonstrations in history. Of course we were mostly ignored by the "main stream" (aka hard line statist) media. Over a decade later, I have no problem saying "I told you so".

      --
      Give me Classic Slashdot or give me death!
    14. Re:Supremacy Clause by jdavidb · · Score: 5, Interesting

      I was wrong, and you win. Back then I was right-wing. Shoot, I was a pacifist until 9/11, and yet on that day I was crying for blood. You were right. I said horrible things about you guys, and I was wrong to do that, and for that I apologize. Worse, I am guilty of calling for actions that led to the death of many innocents, as well as the accumulation of power to people who are now abusing it.

      I appreciate the fact that you were speaking for truth back then, and I hope that you continue to do so for many years to come.

  3. Finally by Zaurus · · Score: 5, Insightful

    It's about time the pendulum starts swinging away from the abusive, oppressive practices that the terrorists have set in place over our society.

    America is supposed to be the land of the free, home of the brave. Not the land of the willing to consent to invasive and abusive practices because of drummed up fear.

    1. Re:Finally by Anonymous Coward · · Score: 5, Informative

      The terrorists did not put these practices in place... our government did.

  4. Oh yes... When it is US its OK, but THEM... by SerpentMage · · Score: 5, Insightful

    Oh for effen crying out loud! When it is THEM then well we have a PROBLEM! But if they are not affected and we complain to the wahzoo we are complainers! No I want the TSA to keep going because I want THEM to start understanding how WE are dealt with by a government!

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
  5. This rings hollow by twotacocombo · · Score: 5, Insightful

    Call me a cynic, but why did this woman not actively support regaining our rights and dignity BEFORE she became a victim of the TSA? It seems a little self serving for her to suddenly pick up that flag only after her own personal traumatic experience. As a fellow human, I can sympathize with what she's gone through, but as a politician it looks less than righteous.

  6. Texas no fly zone.. would be national by bored · · Score: 5, Interesting

    Because Texas has two very important hubs, DFW and IAH. Plus a very large number of southwest flights pass through Texas. When DFW/IAH gets shutdown the ripples will be national, good luck finding a flight anywhere. The texas leg should totally call their bluff, lets see what happens when united can't fly through IAH, and American can't fly through DFW. Plus chopping the middle out of southwest won't be pretty either.

    Loosing the 2,3 and 4th largest airlines in the US will be a bigger problem for TSA, than any terrorist attack.

  7. TSA procedures are largely symbolic by IVI+V+K · · Score: 5, Insightful

    The TSA was created to comfort passengers after 9/11 by providing a highly visible change to the airport security measures through inconveniencing all passengers as much as possible.

    In reality, even without the TSA, the nature of in flight security changed forever on 9/11. Now everyone understands that the risk of hijacked planes is far greater than just the lives of those held hostage on the plane. By showing the larger threat hijacked planes pose as weapons, the hijackers on 9/11 effectively ended hijacking as a means to terrorize the greater population since most will accept that hijacked planes must be shot down before the plane can be used to pose a larger threat. Passengers and crews now know that their only hope for survival in a hijack attempt is to take down the hijackers themselves and regain control of the plane.

    Security is still required to keep weapons and bombs off of flights, but even the security before 9/11 was sufficient to deter the hijackers from bringing guns or other large weapons. As prisoners have shown, sharp weapons can be made from virtually anything solid, but these weapons would be less effective in a hijack today since the passengers and crew would be willing to be cut to overpower hijackers.

    The only minimal additional security provided since 9/11 is in limiting compounds that could be used to make explosives with the intent of destroying a plane rather than hijacking. This is battle of diminishing returns, where ever growing intrusions into personal privacy and intrusions provide ever smaller degrees of increased security and protection.

    I have no problem with scanned luggage and carryons, but requiring everyone to remove shoes and clothes is purely an attempt to make each passenger feel and intimately experience the security.

    These are psychological steps that accomplish virtually nothing to improve our security, but only raise the perception of safety.