In the Texas house, HB 1937 passed with a vote of 138-0. The bill was introduced to put an end to the TSA actions of bodily searches without cause. The justification is that it is a direct violation of the 4th amendment, which reads:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This is part of a multi-stage attempt to nullify the power of the TSA. While the law uses the Constitution as justification, the TSA offers the Constitution as their defense. As our friends at the Tenth Amendment Center cover in detail, the defense isn’t just weak, but a blatant lie about the contents of the Constitution.
This time, the TSA is on the defensive, and published an official statement about the Texas bill on their blog:
What’s our take on the Texas House of Representatives voting to ban the current TSA pat-down? Well, the Supremacy Clause of the U.S. Constitution (Article. VI. Clause 2) prevents states from regulating the federal government.
The problem here? The statement is false. Ignorance from the TSA is unlikely, so I’ll call a spade a spade. They’re lying.
The supremacy clause says nothing of the sort. Here’s the full text:
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
So, in simple terms, what does the supremacy clause mean? Just what it says. The constitution is supreme. And any federal laws made in line with the constitution is supreme. Nothing more, nothing less.
Notice there’s not one single word in the actual text that says anything about states regulating the federal government as the TSA claims. They’re just making things up as they go.
While this measure means nothing at this juncture, if it passes into law, it will lead to a massive legal battle. Other states are joining in the fray, and it’s going to get ugly. The question is obvious. When our freedoms are in danger, will state sovereignty and rights save us, or are we doomed to live in tyranny? If the federal government does not live within its legal bounds, we are offered legal recourse. If they deny our legal recourse, what hope do we have?
Read all about it here: www.tenthamendmentcenter.com