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To: CSM
Again, I point to the current jurisprudence on the matter. There is a lessened standard to search someone when they are travelling (which relates back to the privacy interest, as I've repeatedly gone over). For example, pretextual stops are 100% okay and give officers the probable cause necessary to stop you and visually search your vehicle in which you're traveling.

If you read carefully my comments, I did not say this was or was not within the bounds of the original intent of the Constitution; arguments can and have been made on either side. Regardless of your opinion or mine, the controlling law NOW says that your Fourth Amendment rights are not applicable when you travel because you voluntarily put yourself out there. That's not just wiretapping, it's Supreme Court decisions relating directly to searching cars, trunks, passengers, “smelling” marijuana; pretextual stops; even with respect to renting homes, visiting other’s homes, and so on.

On a personal matter, and for the record; these are NOT decisions I've made or argued in favor of; they are the controlling case law as decided by the Supreme Court of the United States. You can argue that they aren't the arbiter of what is and isn't constitutional and I understand that argument; but Marbury vs. Madison has controlled since it was decided. I personally think that decision was an over extension of the judicial branch, HOWEVER, as it has stood for over 200 years, it's the accepted law of the land.

And back to the specific incident at hand; if Rand Paul's argument is the TSA is unconstitutional, then why hasn't he introduced a bill eradicating it? Why is his defense that the “TSA is more concerned with people who don't want to harm us...” rather than the TSA is completely unconstitutional.

172 posted on 01/23/2012 11:15:32 AM PST by IMissPresidentReagan ("I want to totally disassociate myself from the Reagan Administration." - Ron Paul, 1988)
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To: IMissPresidentReagan

“And back to the specific incident at hand; if Rand Paul’s argument is the TSA is unconstitutional, then why hasn’t he introduced a bill eradicating it? Why is his defense that the “TSA is more concerned with people who don’t want to harm us...” rather than the TSA is completely unconstitutional.”

I agree with you on this.

I do admit that I was taking the abstract approach and from the rest of your text it seems that we most likely are in agreement that the government has been on a continual creep to infringe upon our enumerated rights. I had that feeling as I started to respond to you, but could not hold back as a cople of the phrases hit my own hot buttons.

What really angers me is that the populace just doesn’t seem to care, however SC has given me a bit of hope.


197 posted on 01/23/2012 11:42:01 AM PST by CSM (Keeper of the "Dave Ramsey Fan" ping list. FReepmail me if you want your beeber stuned.)
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