Posted on 06/01/2011 5:10:32 AM PDT by Tom Mullen
The near-showdown in Texas did not break any new ground in the nullification debate. The Texas House of Representatives passed a law that made the touching of genitals or breasts by TSA personnel illegal and punishable by fines and imprisonment. The federal government responded by citing the Supremacy Clause of the U.S. Constitution, together with a threat to cancel all air travel to and from Texas if the law were passed by the Senate and signed by the governor. The Texas Senate backed down. The crisis was averted – for the moment.
For most, attention was probably focused on the threat to close down air travel. Indeed, this would have been a huge crisis, with economic ramifications far beyond Texas. However, the more important issue here is the constitutional one. The federal government states as if it were fact that under the Supremacy Clause “Texas has no authority to regulate federal agents and employees in the performance of their federal duties or to pass a statute that conflicts with federal law.” Does the Supremacy Clause really say this? Let’s take a look. It says,
“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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
For those not familiar with the Constitution, that’s it. There are no further provisions explaining what is meant. There is no list of definitions of the various words, as one might expect to find in a contract today. Whatever “supremacy” the federal government claims to have must be found in
(Excerpt) Read more at tommullen.net ...
What seems to have prevented your posting of the whole content?
And the Texas Lt. Governor sold the people out to the TSA.
No thanks.
Correct. Just like medical marijuana laws throughout the land.
Good luck to the US govt stopping all airline traffic to and from Texas. Have you ever flown from the East Coast without connecting through Dallas? I haven’t. It would be logistcally impossible to do and its just an outrageous bluff by the Feds. The states need to step up and put an end to this TSA nonsense and a bunch of other stuff.
The Texas governor could only move forward on something like this, if Texans were, by and large, willing to give up the right to fly.
It’s time for a constitution convention.
You need to read up on this topic and the Texas Constitution. Since after the Civil War the Lt. Governor has more power. He killed the Bill and lobbied on the floor with the TSA illegally. Read up and then you will find I am right. Until then don’t post to me again.
Dispite the blog pimpin’, I think they should re-introduce the bill here in the special session and get it done...
Should be fun to watch the festivities then...
But I believe we have too many feckless people in Austin, that don’t believe in having any fun at all...
Bunch of Party Poopers!!!
I am familiar enough with the US, that I know that state governors are like mini-kings, with more power within their states, than the president has over the country.
I wasn’t commenting on his constitutional abilities or responsibilities. I was talking about the political sensitivities. Unless he wants to risk his job, come next election, most politicians don’t have the fortitude to inconvenience the people to the extent of not being able to fly from their cities.
If you do fly, it would be a bit inconvenient to have to drive to Florida or New Mexico to be able to do it. Considering that the Texas governor allowed it to be killed, I’d surmise that he knew most Texans wouldn’t support him enough to defy TSA.
I don’t need to understand the Texas constitution or law to understand that. :)
If you’re going to get rid of the TSA security, you’re going to have to have enough states in on it that the TSA would essentially have to ban flying across the whole country, not just one or two states.
I went there and I think I got cooties!
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