TSA Doubles Down

"Now turn your head and cough"

After the latest TSA embarressment, one would think the brain trust at the TSA would look for a low profile. But no, despite embarrassment after embarrassent, the TSA is telling the Texas legislature to bugger off.

In defending their baby pat downs and genital searches, the TSA apparatchiks are all about blogging a bunch of nonsense, misconstruing the supremacy clause of the US Constitution:

"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."

We usually do not think of the Obamiacs running to the Constitution to clarify what their behavior should be. For an administration that routinely flouts the law of the land, it is a strange sight indeed, but if it seems useful, there is no place they would not go. In this case, however, they may be a tad over their heads.

Article VI, Clause 2 states: "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."

The Texans had had enough, and late Thursday passed a bill that would make it a criminal offense for public servants to inappropriately touch travelers during airport security pat-downs. The TSA pat-down procedures are simply policies created by the TSA. They are not mentioned in the United States Consitution, nor are they a part of a federal statute. Unless the TSA can cite a federal statute codifyng their baby pat-downs and genital gropes, the TSA's search policy is not adequate to override a state law barring them.

The Texans specifically outlawed the TSA or anyone else from conducting a search to touch “the anus, sexual organ, buttocks, or breast of another person," also prohibiting searches “that would be offensive to a reasonable person.”

Well, the Texans are in trouble right there, because all this seems reasonable to Big Sis, and she and her security ship of fools are not backing down.