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Ferries to allow vehicle searches
Seattle Times ^ | 06/22/2004 | Eric Pryne

Posted on 06/22/2004 8:30:42 PM PDT by libertynews

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To: eastforker
No difference getting on a ferry than on an airplane.When you have hundreds or even tens of people using public transportation operated by the state or feds, it is their responsibility to ensure safety to any extent they can.

Hence the random searches on Boston's subway...

Next the buses...?

41 posted on 06/23/2004 7:49:38 AM PDT by sionnsar (Resource for Traditional Anglicans: trad-anglican.faithweb.com)
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To: Jack Black

From your reply, I don't believe you read and understood what was written in that except I posted from the 1923 (?) Harvard Law Review ...


42 posted on 06/23/2004 8:26:50 AM PDT by _Jim ( <--- Ann C. and Rush L. speak on gutless Liberals (RealAudio files))
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To: Jack Black
However as there ferry boats travel a few miles between cities in Washington it has nothing to do with this case.
Can you show us where this 'exemption' from Coast Guard enforcement of maritime regulations/law is laid out?
43 posted on 06/23/2004 8:28:50 AM PDT by _Jim ( <--- Ann C. and Rush L. speak on gutless Liberals (RealAudio files))
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To: HiTech RedNeck
But, vehicle fuel tanks are not required to be empty

Right, kinda like aircraft tanks and the #6 they use to run the ferry.....I suppose they could have us drain them and push the cars on and off.....or we could swim.

44 posted on 06/23/2004 9:50:48 AM PDT by ninonitti
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To: Beelzebubba

sure, when the female muslim body cavity bomber goes to the lavatory - you and all the other gun totting passengers can decide if she has been in there too long, and blow her away through the lavatory door before she blows up the plane.


45 posted on 06/23/2004 9:55:43 AM PDT by oceanview
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To: libertynews
Not only does the Coast Guard think they can override the Constitution of the State of Washington, they won't even show us the 'order' that supposedly gives them the authorization!

Do you also get your shorts in a knot that you have your bags and shoes searched at SEA-TAC Airport?

Federal maritime and aviation regulatory authority trumps State Constitutions.

If you don't like it, don't fly out of SEA-TAC and drive around Tacoma to get to Bremerton or Bainbridge instead of taking the ferry.

A terrorist van packed with explosives detonating on the Bainbridge-Seattlle run would be quite an easy terror operation once we have rules that say that vehicles can't be searched and that Arabs can't be profiled.

46 posted on 06/23/2004 10:02:06 AM PDT by Polybius
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To: Columbine; _Jim; hchutch
How much common sense does it take to figure out that if you can't search vehicles on ferries that might be a good place to hide a bomb.

Apparently, more than some FReepers have.

47 posted on 06/23/2004 10:05:37 AM PDT by Poohbah ("Mister Gorbachev, TEAR DOWN THIS WALL!" -- President Ronald Reagan, Berlin, 1987)
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To: Poohbah; Polybius

Here! Here!


48 posted on 06/23/2004 10:52:57 AM PDT by Softballmom
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To: Polybius
You make excellent points. My earlier point was that Federal Maritime Regulations as enforced by the Coast Guard do not trump the US Constitution. As to how much power the Feds have to trump State Constitutions, in practice infinite, as originally designed in the Republic Period - few. Ref. 9th and 10th ammendment. The delegated powers include:
lay and collect taxes, duties, imports and excises
pay debts of the federal gov
borrow money on credit
regulate commerce with foreign nations, among states and with Indian Tribes
establish rules of naturalization
establish rules of bankruptcy
coin money
establish post offices
copyright laws
set up federal courts
define and punish piracy on the high seas
declare war
issue letters of marque
to raise armies
to provide a navy
call forth the militia
to rule D.C.

Which of those gives them the right to search ferries?

BTW: I agree it is a common sense thing to do, just that it's another poorly arrived at decision.

49 posted on 06/23/2004 12:42:36 PM PDT by Jack Black
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To: Jack Black; 68-69TonkinGulfYachtClub
Which of those gives them the right to search ferries?

14USC89 gave the USCG broad authority to conduct inspections.

Been that way well before Lewis & Clark first set foot upon that wilderness which later becomes Washington state.

50 posted on 06/23/2004 3:23:48 PM PDT by OneLoyalAmerican (A Fireman in the NAVY was promoted more times than Lieutenant junior grade John F'n Kerry.)
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To: libertynews

There is nothing wrong with searching cars during time of war. What's your beef?


51 posted on 06/23/2004 3:26:05 PM PDT by eleni121 (Mt. Rushmore welcomes the Gipper!)
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To: OneLoyalAmerican
"Rear Adm. Jeffrey Garrett, commander of the Coast Guard's 13th District"

I met him last August when he was visiting MLB Station Coos Bay
Nice guy!
Worked his way up the ranks.
He made it a point to tell me what he thought of the Coast Guard Auxiliary.
52 posted on 06/23/2004 3:30:37 PM PDT by 68-69TonkinGulfYachtClub (Department of Homeland Security Plank Owner)
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To: oceanview

sure, when the female muslim body cavity bomber goes to the lavatory - you and all the other gun totting passengers can decide if she has been in there too long, and blow her away through the lavatory door before she blows up the plane.



Sorry, but we already have the risk of body cavity bombers. I'm willing to keep that risk and retain my freedom and ability to defend against all the other loons.

If some on flight 93 had guns, they'd be alive. If it were known that people were allowed to carry guns on planes, the 9-11 hijackers wouldn't even have tried.


53 posted on 06/23/2004 3:32:53 PM PDT by Atlas Sneezed (Your Friendly Freeper Patent Attorney)
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To: libertynews

I just got back to Whidbey Island after taking my son to Seatac airport this morning. I caught the 6:30 a.m. Clinton ferry -no visible security but the 3:00 p.m. Mulkiteo terminal was backed up quite a ways - only one toll booth open and many patrol cars around, and big signs which says they might seach your car.


54 posted on 06/23/2004 4:39:10 PM PDT by noexcuses
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To: OneLoyalAmerican

An old unconstitutional law is still unconstititutional. You did not answer the question.


55 posted on 06/23/2004 5:12:21 PM PDT by Jack Black
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To: Jack Black
14 USC 89 remains Constitutional. Don't know what else I could tell you.

Major Statutory Authorities
Source: www.uscg.mil G-OPL
14 USC 2 - Law Enforcement is primary duty of Coast Guard
14 USC 89 - Coast Guard general boarding, search, and arrest authority
14 USC 141 - Coast Guard cooperation with Federal/State agencies
14 USC 143/19 USC 1401(i) - Certain Coast Guard personnel also deemed "Officers of the Customs".
19 USC 1581 - Customs general boarding authority
19 USC 482 - Customs general border search authority.
(See 33 CFR sub part 2.05 for definitions of maritime jurisdictional terms.)

Title 33 -- Navigation and Navigable Waters
CHAPTER I -- COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

56 posted on 06/23/2004 6:08:12 PM PDT by OneLoyalAmerican (A Fireman in the NAVY was promoted more times than Lieutenant junior grade John F'n Kerry.)
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To: OneLoyalAmerican
Please site THE SECTION OF THE US CONSTITUTION ... not Coast Card Regulations, U.S. Code (much of which is unconstitutional), U.N. Treaties ... which you feel authorizes the Federal Government to have a Federal Law Enforcement Agency that searches people on municipal transportation operating between parts of a city.

I have sited the part of the Constitution that clearly ENUMERATES the POWERS vested in the FEDERAL GOVERNMENT. The 9th and 10th Ammendments make it clear that powers not ENUMERATED are reserved for the STATES and the PEOPLE. NOT just sitting there waiting for FEDGOV to claim them in poorly thought out laws.

Thanks!

57 posted on 06/24/2004 8:57:41 AM PDT by Jack Black
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To: libertynews
I'll add my 2 cents. The devil will be in the details. The last time the Coast Guard tried this they tried to prohibit the transportation of any and all firearms.

First, looking for a car bomb to stop a terrorist from blowing up a Puget Sound ferry as it is landing in downtown Seattle or as a San Juan Island ferry is running into the side of one of the major bulk oil tankers that dock up near Cherry Point, is fine in my book. I have no problem with that. Use all the bomb sniffing dogs you want.

Now as a hunter in Washington State who will on ocassion follow all state law in the transportation of firearms in my vehicle and who lives on one side of Puget Sound and occasionally hunts on the other side of Puget Sound; I object to searches that will prevent lawful citizens from lawfully transporting firearms on board a "common carrier" for a legal purpose.

Even airlines allow one to check a legal firearm as baggage so that one can go hunting at a destination. The concept of a "common carrier" is such that even with the intense screening at airports, one can still legally transport firearms, when one is going hunting in Montana or Alaska. I am not sure that ferrys will be able to handle the checking of firearms, if needed.

Most of the articles I have seen are silent on the transportation of firearms and will this be restricted. This year I purchased deer tags and gave the State of Washington extra money so that I could apply for a special hunt permit on the "other side of Puget Sound." If I get that special hunt permit and am forced to drive around, I am going to be very unhappy. There are others I know who hunt on "islands" that are only served by ferries, so I don't know what they will do if firearms are prohibited. The devil will be in the details.

58 posted on 06/24/2004 5:57:19 PM PDT by Robert357
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To: libertynews
Welcome to the new Amerikan police state.

Our government now views the Bill of Rights as little more than toilet paper.

59 posted on 06/24/2004 6:02:19 PM PDT by Mulder (Those who would give up liberty for temporary security, deserve neither -- Ben Franklin)
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To: eastforker
No difference getting on a ferry than on an airplane.When you have hundreds or even tens of people using public transportation operated by the state or feds, it is their responsibility to ensure safety to any extent they can.

Well, they failed miserably on 9/11, and according to a recently article, "security" is no better now than prior to 9/11.

The problem is that too many Americans define security as being proportional to how many of their Rights the gov't violates, and how often they are violated.

60 posted on 06/24/2004 6:04:54 PM PDT by Mulder (Those who would give up liberty for temporary security, deserve neither -- Ben Franklin)
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