Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

TSA Nullification Bill Passes Out Of Committee In Kansas
Freedom Outpost ^ | Mar. 17, 2013 | Tim Brown

Posted on 03/17/2013 8:52:17 AM PDT by EXCH54FE

On Thursday, HB2175, a bill that nullifies the Transportation Security Administration’s overreach at airports, was passed out of committee. It seeks to criminalize TSA misconduct and bring strict and harsh punishments upon them for their misconduct.

According to the bill, which seeks to amend the 2012 Kansas statutes, “Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee’s public capacity or under color of the officer or employee’s office or employment.”

According to Section 7, “as part of a determination of whether to grant another person access to a publicly accessible venue or form of transportation, intentionally and without probable cause: (A) Touches the genitals, buttocks, anus or female breasts of such person, including touching through clothing; (B) removes a child younger than 18 years of age from the physical custody or control of such child’s parent or legal guardian, or a person standing in the stead of such child’s parent or legal guardian; (C) commits a violation of subsection (a) or (b) of K.S.A. 2012 Supp.21-5412, and amendments thereto; or (D) harasses, delays, coerces, threatens, intimidates, or denies or conditions such person’s accessibility because of such person’s refusal to consent to subsections (a)(7)(A), (a)(7)(B) or (a)(7)(C).”

It then punishes those who violate the law. “Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee’s office or employment. (c) The provisions of subsection (a)(1) shall not apply to any use of persons or property which: (1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or (2) constitutes misuse of public funds.”

(Excerpt) Read more at freedomoutpost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Kansas
KEYWORDS: tsa
The best way to deal with the TSA is for states to simply declare they will not tolerate them at airports and force the Federal government’s hand in the matter.

With that said, it is a step in the right direction! While it is not a criminal act for TSA to engage in these things now is beyond me. Once the people of Kansas push this into law, they need to start looking at completely nullification of the TSA in their state.

1 posted on 03/17/2013 8:52:17 AM PDT by EXCH54FE
[ Post Reply | Private Reply | View Replies]

To: EXCH54FE
Makes me wish KCI was actually IN Kansas.

Oh well, maybe Missouri will catch on soon.

2 posted on 03/17/2013 8:53:52 AM PDT by KC_Lion (Build the America you want to live in at your address, and keep looking up.-Sarah Palin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EXCH54FE

Since Kansas City’s major airport is on the Missouri side of the line, I wish this were coming out of Missouri as well. The TSA people at that airport need no further training in order to be full-fledged Gestapo and are one of the major reasons I no longer fly anywhere.

Am sending a copy of the article to Strauss, Dewhurst, Perry and my local Rep in Texas. Would like to see something really worthwhile come out of this year’s Legislative Session so they can start with a bill like this one from Kansas.


3 posted on 03/17/2013 8:59:54 AM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EXCH54FE
This is a nice gesture, but I would think that the issue of "impeding" was settled by McCulloch v. Maryland in 1819.

This case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.

Second, state action may not impede valid constitutional exercises of power by the Federal government.


4 posted on 03/17/2013 9:22:50 AM PDT by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

And the valid constitutional power that enables unwarranted searches and seizures of the public, their property and their documents simply for entering a airport?


5 posted on 03/17/2013 9:30:46 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Steely Tom
First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.

OK then, point out to me the "express powers" granted in the Constitution that the states would be "impeding". The 10th Amendment I believe would rule here. Wrong?

6 posted on 03/17/2013 9:33:32 AM PDT by mc5cents
[ Post Reply | Private Reply | To 4 | View Replies]

To: kingu
And the valid constitutional power that enables unwarranted searches and seizures of the public, their property and their documents simply for entering a airport?

Good point. The Supreme Court will no doubt be asked to rule on this. I hope they rule correctly, but after the 2012 decision upholding ObamaCare, I'm not confident.

7 posted on 03/17/2013 9:34:53 AM PDT by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: mc5cents
OK then, point out to me the "express powers" granted in the Constitution that the states would be "impeding". The 10th Amendment I believe would rule here. Wrong?

I think that's the point of McCulloch: "we don't need no steenkin' express powers." There exist a vast collection of "implied powers" that are subject only to the boundless imaginations of the various Justices. Some of these lurk in the shadows, the "penumbras," that only the Ivy League educated eyes of the elites can ever penetrate.

8 posted on 03/17/2013 9:39:52 AM PDT by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: All

             

drive or stay home
9 posted on 03/17/2013 9:43:41 AM PDT by tomkat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

I think you are absolutely right my FRiend! Those “penumbras’ will be the death of us I fear.


10 posted on 03/17/2013 9:44:52 AM PDT by mc5cents
[ Post Reply | Private Reply | To 8 | View Replies]

To: mc5cents

I would add also that Roe v Wade is one of the “penumbras” that were lurking in those dark minds and sent us down this dark, shadowy path we are on. A shadow has indeed come over the once great U.S. of A. Are there enough of us patriots left to lead us out of the shadows? Only God knows.


11 posted on 03/17/2013 9:50:55 AM PDT by mc5cents
[ Post Reply | Private Reply | To 10 | View Replies]

To: kingu
And the valid constitutional power that enables unwarranted searches and seizures of the public, their property and their documents simply for entering a airport?

I would hazard they could get away with using the Commerce Clause pretty effectively for passengers. It has been the most abused clause, but there are some places where it would fit.

The bigger issue is the methodology of how they interact with the passengers - I believe that if a State had the backbone, it could do much in the way that Kansas is trying to do...

12 posted on 03/17/2013 10:09:20 AM PDT by trebb (Where in the the hell has my country gone?)
[ Post Reply | Private Reply | To 5 | View Replies]

To: trebb

hate to burst your bubble.. but the so called “traitor” in the fubocare ruling, justice Roberts, pretty much did away with that argument with his fubocare ruling..

ya might wanna read the 3000 plus pages of the bill, then read the 3+ days of testimony, and then read the 300+ pages of his ruling...

his ruling pretty much destroys the commerce clause...

and the necessary and general clause....

and the right of the feds to impose unfunded mandates on the states...

do not listen to the gop-e pundits on talk radio..

read, and learn..


13 posted on 03/17/2013 10:19:46 AM PDT by joe fonebone (The clueless... they walk among us, and they vote...)
[ Post Reply | Private Reply | To 12 | View Replies]

To: EXCH54FE

You are exactly right - if we need a bill like this, then we should just get rid of TSA. This bill is like treating cancer with aspirin.


14 posted on 03/17/2013 10:49:38 AM PDT by MrShoop
[ Post Reply | Private Reply | To 1 | View Replies]

To: tomkat

T(ouching) S(ensitive) A(reas)


15 posted on 03/17/2013 11:26:15 AM PDT by Caribou ( www.ktok.com Red State Radio free streaming.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: EXCH54FE

I think threating to throw a few pervert TSA agents in jail may prove to be enough.

I would hope that the TSA of Kansas would at least modify their approach to avoid the conflict. Their is no legitimate reason they must sexually assault folk.


16 posted on 03/17/2013 11:37:41 AM PDT by Monorprise
[ Post Reply | Private Reply | To 1 | View Replies]

To: Grams A

Texas was about to do something like this some time back, and the TSA threaten to pull all interstate travel out of Texas.

Which I have to admit is at least a remotely constitutional response, even if it is a grossly irresponsible overreaction.


17 posted on 03/17/2013 11:48:46 AM PDT by Monorprise
[ Post Reply | Private Reply | To 3 | View Replies]

To: mc5cents

Yes, I think that “penumbra” combined with everything else was enough to pull apart the remaining strands binding our original covenant together. That broke the final seal, so to speak, holding back the harbingers.


18 posted on 03/17/2013 11:56:40 AM PDT by GBA (Here in the Matrix, life is but a dream.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: KC_Lion
Makes me wish KCI was actually IN Kansas.

Makes me wish that Colorado was actually IN Kansas.

19 posted on 03/17/2013 12:30:52 PM PDT by Colorado Doug (Now I know how the Indians felt to be sold out for a few beads and trinkets)
[ Post Reply | Private Reply | To 2 | View Replies]

To: kingu

PRECISELY!
“In questions of power, let no more be heard of confidence in me but bind them down from mischief with the chains of the Constitution.” Thomas Jefferson

AND IT’S ABOUT DAMN TIME!!!!!!!!!


20 posted on 03/17/2013 12:43:53 PM PDT by Dick Bachert (IMPEACH THE USURPER!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Colorado Doug
It used to be, Denver is named after a Territorial Governor of Kansas.

Though I hear Colorado portion of the Kansas Territory had a large number of Democrats and Kansas decided to cut them loose in 1861.

Remember Kansas had just got done with it's war with Missouri when the Civil War Kicked off.

21 posted on 03/17/2013 1:08:39 PM PDT by KC_Lion (Build the America you want to live in at your address, and keep looking up.-Sarah Palin)
[ Post Reply | Private Reply | To 19 | View Replies]

To: joe fonebone
hate to burst your bubble.. but the so called “traitor” in the fubocare ruling, justice Roberts, pretty much did away with that argument with his fubocare ruling.. ya might wanna read the 3000 plus pages of the bill, then read the 3+ days of testimony, and then read the 300+ pages of his ruling... his ruling pretty much destroys the commerce clause... and the necessary and general clause.... and the right of the feds to impose unfunded mandates on the states... do not listen to the gop-e pundits on talk radio.. read, and learn..

My bubble didn't get burst - I wasn't being a proponent of the Commerce clause, I was merely pointing out how it has been abused and misused for the purpose of empowering the Feds. The FAA (Feds) regulate the air industry and TSA is tied at the hip. I understand what Roberts did ala ObamaCare, but he didn't totally negate the Commerce Clause in-Toto.

22 posted on 03/17/2013 1:32:27 PM PDT by trebb (Where in the the hell has my country gone?)
[ Post Reply | Private Reply | To 13 | View Replies]

To: KC_Lion
It used to be, Denver is named after a Territorial Governor of Kansas.
Though I hear Colorado portion of the Kansas Territory had a large number of Democrats and Kansas decided to cut them loose in 1861.

Yes, I am a history buff too and Colorado native. Time to start looking for a loophole from between 1860 and 1876.

23 posted on 03/17/2013 2:05:55 PM PDT by Colorado Doug (Now I know how the Indians felt to be sold out for a few beads and trinkets)
[ Post Reply | Private Reply | To 21 | View Replies]

To: EXCH54FE

Needs an additional: Upon request the T.S.A. employee must provide at no cost upon a business card the following information 1. T.S.A. employee name, identifying employee number and immediate supervisors name. This information WILL be provided within 2 minutes of request. 2. Citizen may video any interactions between T.S.A. and said Citizen. Any violation shall be considered a felony and exposes T.S.A. to litigation and voids all amnesty regarding T.S.A. interactions with the public.


24 posted on 03/17/2013 5:36:39 PM PDT by contrarian
[ Post Reply | Private Reply | To 1 | View Replies]

To: KC_Lion

Exactly. Wish it was in Johnson County.


25 posted on 03/17/2013 6:46:44 PM PDT by Mercat
[ Post Reply | Private Reply | To 2 | View Replies]

To: EXCH54FE
Sounds like a lot of big talkers.

What do they do when Big Sis shows up and gives em a smackdown?


26 posted on 03/17/2013 6:57:49 PM PDT by nascarnation (Baraq's economic policy: trickle up poverty)
[ Post Reply | Private Reply | To 1 | View Replies]

To: joe fonebone
read, and learn..

When they agree with the decision, they obey the decision. When they don't agree with the decision, they don't obey the decision.

Live and Learn.

27 posted on 03/18/2013 1:15:21 AM PDT by itsahoot (It is not so much that history repeats, but that human nature does not change.)
[ Post Reply | Private Reply | To 13 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson