Everyone is complaining about the long lines and missed flights that are being caused by the TSA (Transportation Security Administration), but no one is mentioning the root issue. The TSA is an unconstitutional agency. The TSA creates a bigger risk to our lives and prevents nothing.
When you go through the TSA check point, what you leave behind are your 1st Amendment, 2nd Amendment, 4th Amendment, 5th Amendment, and 10th Amendment rights, just to name a few. The Federal Government has no enumerated authority to create an agency like the TSA in the first place. The powers listed that Congress can legislate on, in Article 1, Section 8 of the Constitution, do not include policing the people, providing security for travel, or violating our rights for any reason. Let’s examine each right they violate and how they do it.
When it comes to the 1st Amendment, it is the most minor of the violations of your rights, but a violation nonetheless. It will become obvious to you that you’ve lost the right to free speech if you crack a joke about a bomb in the TSA line. Congress can make no law abridging the freedom of speech. The TSA can’t make any laws. The TSA is an agency that Congress created though unconstitutional legislation. Congress is not allowed to create agencies that wield Congressional powers let alone agencies that wield powers Congress doesn’t have. Almost every federal agency is unconstitutional in this way. They effectively legislate by regulation and then act as the judiciary by policing and judging you on the spot.
Your 2nd Amendment right to bear arms is obviously violated when you pass through a TSA checkpoint. The 2nd Amendment doesn’t say, “the right of the people to keep and bear arms, shall not be infringed unless you travel.” No level of government has authority to infringe upon your right to keep and bear arms for any reason. Had at least four passengers been exercising their 2nd Amendment rights on 9/11/2001, the Twin Towers may still be standing and 3000 people may still be alive.
Liberals and ill informed people claim that being on a plane is a good reason to revoke your 2nd amendment rights for two reasons. Firstly, what if someone goes crazy and starts shooting everyone? Well, what if someone goes crazy and starts shooting everyone in a theater? What if someone goes crazy and starts shooting everyone in a Walmart? Answer: Shoot back. Being in a plane doesn’t change anything. Secondly, they claim that if you shoot a hole in the fuselage of an airplane, it will depressurize and everyone will die. This is scientifically impossible as shown on Myth Busters. The pumps which pressurize the plane more than compensate for pressure lost through tiny bullet holes. Sure, air goes out the holes, but at a relatively small rate compared with the size of the cabin. Conduct your own experiment. Shake a 2 liter soda bottle. Poke it with a pin. Does it explode? No. It sprays out a thin jet of soda and depressurizes at a very slow rate. The answer to terrorism isn’t to disarm ourselves, it is to arm ourselves better.
Government shouldn’t be disarming us for any reason, especially to travel domestically. If you are traveling internationally, it’s a different story and should depend on foreign agents or private companies to screen you. When you enter the gate to board a plane to a different country, you’re crossing jurisdictional boundaries. The same is true when entering the gate in a foreign airport to travel back to the United States. Domestic travelers should never face a government agent for any reason, let alone to violate your 2nd Amendment rights.
When the TSA agents force you to show your ID and travel documents, you have just lost your 4th Amendment rights. The government has no warrant with your name on it, and no probable cause. Ask the TSA agent for a warrant and see what happens. You are treated as if you are a Jew in NAZI Germany and must show your papers. Keeping this from happening is precisely why the 4th Amendment was ratified. No one in government has any reason to know who you are, where you are going, or why you are going there. They have no right to X-Ray you, search you, frisk you, or seize your property. The 4th Amendment says that your right to be secure in your 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. It doesn’t say, “Federal government has a right to set up agencies with blanket search and seizure power if you travel.” We the People of the United States have been so dumbed down that we allow this without questioning the Constitutionality of it. We complain when the lines are too long, but don’t seem to care what the line is for. We didn’t need the TSA for over 200 years and we don’t need them now.
If you have been through a TSA check point, then you are probably familiar with being questioned about things that are not the government’s business. This is a violation of your 5th Amendment rights. You are being made a witness against yourself and you aren’t even charged with a crime. They want to know where you are going, why you are going, and even if you packed your own bags. They have a lot more questions when you are traveling back to the United States from a foreign country when you are at the boarding gate. You are considered to be back in U.S. jurisdiction to some degree. At that point in a foreign airport where you are back under American jurisdiction, once they see your passport and verify that you are American, that should end all future discussion and you should be on your way. You have the right not to incriminate yourself, whether you’re guilty of something or not. When you go through the TSA checkpoint, try pleading the 5th and see what happens. It is your right!
One other way that your 5th Amendment rights are violated at the TSA checkpoint is that you are never compensated when they steal your property. The 5th Amendment is clear that private property shall not be taken for public use without just compensation. It doesn’t matter if that private property is a pocket knife or a bottle of water and the public use is to fill up a garbage can.
The 10th Amendment says that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. What does this mean at the TSA check point? Not a single power the TSA wields is delegated to the United States by the Constitution. Not violation of freedom of speech, infringing on the right to bear arms, searching you, seizing your property, or forcing you incriminate yourself. Every moment of every working day for every TSA agent, they are in direct violation of the Constitution, since not one thing they do is a power delegated to them by the Constitution. In fact, the rights they violate are delegated to you by the Constitution.
What should really concern you about the TSA, just as much as your constitutional rights being violated, is the fact that they put your life in danger. It’s not just that they don’t allow you to defend yourself by disarming you. Unlike the past, when you could see your family off at the gate in airports and people could wander freely throughout, now we have TSA check points creating bottlenecks of soft targets packed in like sardines. Several hundred people, packed in as tightly as possible, not in a long straight line, but in a winding, back and forth line, designed to get as many people into as small a space as possible. When it comes to mass casualties, there is no target for a terrorist that is quite as easy to take advantage of as the TSA line. Face it, you’re corralled into a tight space with several hundred people before the checkpoint. No one you are standing with has been checked yet. The muslim in front of you in line could have anything under his jacket. You don’t know and neither does the TSA. Ask the people of Brussels, Belgium how well airport security protects people in airports.
We need to demand the TSA be shut down! Not because the lines are long. Because the lines exist. The TSA is unconstitutional!
AMP (Anna Maria Perez)
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Flat Out Unconstitutional 
I agree with you Anna. We have thrown our freedom away. If you’re willing to go on a plane, you should be willing to risk and protect your own self from danger. These bastards are abusing babies, children, ruining family vacations, destroying business people trying to get from one place to another, touching the genitals because they enjoy it. Touching children because they enjoy. Abusing people with terminal illness. Abusing pets. Destroying those who planned to go somewhere for years. Boycott all airlines and don’t travel. If you really want to go somewhere, fine, but otherwise don’t do it.
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[…] Time to Shut Down the TSA! […]
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[…] Time to Shut Down the TSA! […]
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When the Patriot Act was first passed I pointed out that it was doing the work of the terrorists – destroying US freedom. Yes, it’s completely unconstitutional. It was the foot in the door to further erosion of our freedoms. Highway roadblocks, trains, bus terminals, vans with terahertz remote metal detectors, drug sniffing dogs that “alert” on command, an unjudicated no-fly list, civil asset forfeiture…the list goes on. Freedom is an ephemeral concept to many. The false promise of safety in the face of advertised terrorism is easier to market.
Things have gone just as I promised, but I am not at all happy at being a Cassandra.
At least a few of us understand where we crossed that cliff edge.
Naming an evil is a necessary first step.
I’ll be happy to guest blog for you.
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man our own government flew those planes into the towers so they can revoke are rights and remove our constitutional rights this has been coming for years wake up america
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[…] such a power, so this violates the 10th Amendment. If it can’t be legislated by Congress, The TSA, an unconstitutional agency, certainly can’t wield that power. Federal authority regarding travel stops at the U.S. […]
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I can remember flying from Burbank to Tahoe, paying cash, no ID, no security. Carried my poles, skis and boot on as carry ons. The biggest threat was landing at South Lake Tahoe airport in weather. No way to do that today, unless you fly private plane
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You can fly all over Alaska like that now. Armed.
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This reply is to:
amp1776
May 25, 2016 at 7:57 PM
FIRST IS amp1776 COMMENT
REPLY BY LOVE THE US APPEARS AFTER
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amp1776
May 25, 2016 at 7:57 PM
The 2nd Amendment is already implemented. It merely needs to stop being violated. What philosophy do you need? Self Defense is a philosophy as old as civilization, so I shouldn’t need to explain it. Look around you at where people are killed in mass, whether it be San Bernardino, military recruiting centers, schools, or theaters. It’s always somewhere where self defense has been denied. If you don’t like liberty and feel you need someone to take care of you, fine, hire your own body guard. Don’t force me and other Americans to pay for false security at the cost of both wealth and liberty. If you aren’t an advocate of the TSA, you sure are one for unconstitutional legislation. If enough people knew and cared about their rights, the Patriot Act, Freedom Act, and agencies such as the TSA would simply be nullified. We the People aren’t under any obligation to follow unconstitutional laws and they can be nullified, as Colorado has shown with unconstitutional federal drug laws.
REPLY by LOVE THE US
You stated, “The 2nd Amendment is already implemented. It merely needs to stop being violated.” This is precisely the problem. The 2nd Amendment cannot be “implemented” and “violated” at the same time. if the 2nd amendment is being “violated” (to break or infringe) it is not being implemented (to fulfill, perform, carry out). So a violation by definition prevents implementation —or an infringement upon something from being carried out. This is not just word play, but if words have any meaning your statement is self-contradictory. What you may be trying to say is that while the 2nd Amendment is part of the Constitution, it is being infringed upon because the people are being prevented from implementing certain rights.
As for your “solution” there is confusion there also. A solution is a particular method of solving a problem— enumeration, particularization. So to suggest nullification as Colorado has “shown” (unsure what that means) presents the question that since Colorado is a State “nullifying unconstitutional federal drug laws”, according to you, how does that parallel the title and goal of the article “Time to Shut Down the TSA!”, which is a federal government agency as opposed to drug legislation?
A solution would enumerate the specifics to be carried out, for example—In the State of Colorado, a, b, c, was done by way of d, e, f. We can take that methodology and apply it to abolishing the TSA by implementing similar steps: 1, 2, 3,…
How would we “defund” the TSA as you suggested? Are you proposing people en masse stop paying their taxes until Congress abolishes them? That may be an effort in futility, but it enumerates a methodology that attempts to solve the problem. Not just “defund it”!
You stated, “If you aren’t an advocate of the TSA, you sure are one for unconstitutional legislation.” Your pronouncement ‘Time to Shut Down the TSA!” and accompanying article was posted on a public blog, soliciting comments. It would be of better character not to reply to a commenter by drawing such silly and erroneous conclusion.
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Look, you’re going in circles for no reason. You don’t actually care what I think, you just want to argue. Yes, people “en masse” could easily stop paying taxes and nothing could be done about it. If only people knew the power they actually have. You keep trying to push for some “solution.” I told you. SHUT THE TSA DOWN. That’s it. That’s the solution. What was the solution in 1970 when there was no security in airports? You seem to think something needs to be solved. No solution is needed. Protect yourself and stop looking to others to solve your life problems.
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I don’t understand. The title of the article is “Time to Shut Down the TSA!”. The article proceeds to list all the unconstitutional things being done to Americans by their government through the TSA. But there is no solution offered. “We need to demand the TSA be shut down!” Is that your “solution”? I would recommend that anyone who chooses to prattle on about all the constitutional violations being committed upon Americans spend at least the same amount of space typing out a proposed solution.
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Why do you need a solution? The 2nd Amendment is and always has been the solution. Removing an unconstitutional agency that solved nothing, is the solution.
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The Aviation and Transportation Security Act, was passed by the 107th Congress in 2001. The 2nd Amendment by its existence alone cannot remove an act of Congress. If it could the TSA would already be gone. Do you have a bill drafted to repeal the TSA Act? If not, how are you suggesting the act be repealed?
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I don’t care what Act Congress passes when it is unconstitutional. Show me where this authority is enumerated in Article 1, Section 8. Don’t quote me unconstitutional laws to support unconstitutional agencies. The TSA doesn’t have to be repealed, it’s part of the Patriot Act, which expires. It can also simply be defunded, the only constitutional action required.
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First you stated,”The 2nd Amendment is and always has been the solution,” which was confusing as to how that would be implemented in fact, not philosophy. Now your saying there are two more options:
1. wait for the Patriot Act to expire
2. defund the TSA.
The TSA has been operating for 15 years. With recent the passage of the USA Freedom Act on June 2, 2015, the expired parts of the Patriot Act were restored and renewed through 2019. The TSA is expanding in time and funding with no expiration date or defunding in sight after 18 years. A “let’s wait and see” approach is naive at best.
Haven’t heard anything that addresses this. Seems like, you don’t have a solution, which is fine. But let’s not confuse blogging punditry with constitutional solutions. I am not an advocate of the TSA either, nor am I an advocate of “tag lines” touted as solutions.
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The 2nd Amendment is already implemented. It merely needs to stop being violated. What philosophy do you need? Self Defense is a philosophy as old as civilization, so I shouldn’t need to explain it. Look around you at where people are killed in mass, whether it be San Bernardino, military recruiting centers, schools, or theaters. It’s always somewhere where self defense has been denied. If you don’t like liberty and feel you need someone to take care of you, fine, hire your own body guard. Don’t force me and other Americans to pay for false security at the cost of both wealth and liberty. If you aren’t an advocate of the TSA, you sure are one for unconstitutional legislation. If enough people knew and cared about their rights, the Patriot Act, Freedom Act, and agencies such as the TSA would simply be nullified. We the People aren’t under any obligation to follow unconstitutional laws and they can be nullified, as Colorado has shown with unconstitutional federal drug laws.
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The “Passed Act” by itself is unconstitutional because; It grants a “Title of Nobility” to the agency they created, and said agency performs “Bills of Attainder,” circumventing that whole Article 1, Section 9 restriction. Our “Right to Keep and Bear Arms” is all we need to put down these filthy, mangy, terrorists. Anna has this spot on. Try to not be so much of a tool, you will go further…..
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Your understanding of “Title of Nobility” “Bills of Attainder” makes it all clear. You and amp1776 are the products of the same education system.
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I just keep asking what are you asking me? When they ask me why I am so nervous I reply “If you are the ones that are supposed to keep me safe I have good reason to be nervous. Maybe I am a terrorist one can never tell. I looked in the mirror but I’m still not sure.”. Then they get passed and act like butt holes, it only gets then posses and ruins their day, but one day? a small victory.
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Reblogged this on http://www.RandWarriorRants.org.
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Everything you said is true – and more. If you are the nervous type and begin to sweat when you’re being questioned and searched, you can be singled out for further scrutiny. The fact that the TSA has something like a 95% security test failure rate only means that all the illegal measures they employ don’t even provide the additional safety that convinced us to allow them in the first place.
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When I say this people act like I am an idiot. I point out that there is no exception in the 4th amendment for security. When they talk about security, I point out that if the airline wants to require a search before boarding their plane, that is their right, but once a federal agent searches a person without a warrant or probable cause, it is unconstitutional. They tell me the courts have rules…and I point out that the supreme court ruled that a black person was still a slave even if the owner moved to a state where slavery was not legal.
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Agreed. Very well thought out and explained. Our Constitution is being diluted every day and without it our nation is lost. The TSA is nothing more than our federal government creating a new problem and chipping away at our freedom.
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Thanks! Exactly right!
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