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To: RecoveringPaulisto

I was only commenting on constitutionality not the size of the government so lets be clear about that. The contention was that there was no constitutional authority to establish the TSA. That is simply false.

Nor is it true that the Commerce clause only applied to state regulation and tazes. It was a broad grant of power. Commerce is not even possible except on a very limited basis without transportation. Only on a feudal basis, this was well understood by the Founders. It was clear that throughout history the periods of high civilization all occurred after transportation made is possible international and interregional trade. After the roads and seas had been made safe for carrying goods from country to country.

It is absurd to pretend that companies whose business is travel are not commerce or that companies whose business is moving goods from place to place are not commerce. They are controlled by COMMERCIAL law.


143 posted on 06/26/2011 3:43:59 PM PDT by arrogantsob (Why do They hate her so much?)
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To: arrogantsob

Your assertion that the interstate commerce clause is a broad grant of power is simply bogus. It wasn’t. It was not interpreted that way until well after the Constitution was ratified in the 20th century. The Founders intended that the provision be used to free up interstate commerce, not tie it down in Federal bureaucracy, which they did not even foresee existing at all.

Furthermore, even granting that the TSA is constitutional, which it isn’t, its procedures are not matters of Federal law. The Constitution nowhere grants the Feds the right to do what the bill wants to forbid, and specifically it in the 4th amendment (I do not recall giving up my 4th amendment rights because I want to fly cross country), and so the Supremacy Clause does not apply. Furthermore, the TSA scans/frisks people regardless of whether they are flying interstate or simply intrastate.

The Supremacy Clause only applies to the Constitution and laws made pursuant to the Constitution. TSA scans/frisks are not laws made pursuant to the Constitution, nor are they “necessary and proper” to enforcing a law made pursuant to the Constitution. Therefore, the Supremacy Clause does not apply.


147 posted on 06/26/2011 4:42:38 PM PDT by RecoveringPaulisto
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