drive or stay home
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 ...
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.
Oh well, maybe Missouri will catch on soon.
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.
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.
And the valid constitutional power that enables unwarranted searches and seizures of the public, their property and their documents simply for entering a airport?
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?
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.
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.
I think you are absolutely right my FRiend! Those “penumbras’ will be the death of us I fear.
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.
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...
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..
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.
T(ouching) S(ensitive) A(reas)
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.
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.
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.
Makes me wish that Colorado was actually IN Kansas.
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!!!!!!!!!
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