The Transportation Security Administration Treads On The Fourth Amendment

One of my favorite flags of the American Revolution was a very simple flag known as Gadsden's Flag. This flag, familiar to all of us (I hope) depicted a coiled rattlesnake about to strike, and displayed a simple motto: Don't Tread On Me. I was not the only person who was immediately taken with this simple, yet most appropriate and most aggressive banner. As there was no single standard military flag for the young Continental Army at the start of the fighting, soldiers of different companies chose their own "standards." One of the most popular, of course, was Gadsden's Flag.

The inspiration for this flag mostly likely came from none other than Benjamin Franklin, who once humorously (perhaps, anyway) suggested that the Colonies should send "gifts" of rattlesnakes back to the Crown, in return for the convicts being transported to America as "punishment." Later, Franklin was credited with creating the first political cartoon in America. This political cartoon depicted a snake that had been cut into eight pieces, each one named for a colony. The cartoon legend simply stated "Join or Die!" The message was clear. When the American Revolution commenced, Colonel Christopher Gadsden presented the new Commander-in-Chief of the Navy, Esek Hopkins, with the soon to become famous Gadsden Flag. The Gadsden Flag was soon seen flying over land troops as well as on warships. The Flag came to symbolize American independence and the idea of a limited and controlled government. Of course the British government failed to heed the Flag's warning.  The rest, as they say, is history.  And, like Santayana once said, those who fail to learn from history are doomed to repeat it.

Today the United States Department of Justice failed their history lesson.  The Department of Justice (DOJ), of which the Transportation Security Agency (TSA) is a subordinate agency, issued a warning to the Texas Legislature.  The DOJ bluntly stated that if the Texas Legislature passed the final version of HB 1937 (which prohibits ANYONE from touching another person, particularly on their sexual organs, during an unwarranted search and charging those who do this with a felony) and thus subjected TSA agents to arrest as sexual offenders, the FEDERAL GOVERNMENT would STOP ALL AIR FLIGHTS ORIGINATING IN TEXAS.  Remember that flag, Gadsden's Flag?  Don't tread on me!  I hope the United States Department of Justice does not forget that warning.  Are they aware that nine other states are preparing the same legislation for their states?  The DOJ, and by extension, the President of the United States  (who has the power to issue the APPROPRIATE EXECUTIVE ORDER), has blatantly trampled on the Fourth Amendment, curtailing our freedom in a way the despicable 9/11 Terrorists were NOT ABLE to do.  Are you free from UNREASONABLE Search and Seizure at our nation's airports?  Of course not.  And the Terrorists have won.  They need not fire another bullet or explode another bomb.  The TSA has won the victory for them.

Finally, ten years after 9/11 the American people have had enough.  Legislatures in nine states, beside Texas, are preparing state laws that would declare the rules of the TSA UNCONSTITUTIONAL, the searches ILLEGAL, and those TSA agents who grope men, women, and children WITHOUT WARRANT and WITHOUT PROBABLE CAUSE felonious SEXUAL OFFENDERS.  The Colonists fought a war against an invincible world power.  There was no way these businessmen and farmers could beat the might of the English Regulars and the Hessian Mercenaries.  Now, over 200 years later, it seems that the citizens of today's United States cannot overcome an out of control Federal Agency that is bent on treading on our Constitutional rights.  Yes it is true that today it is "only" the humiliating and indecent searches or revealing X-rays to which we must submit MERELY to ride an airplane.  But the "War on Terror" continues. 

What Constitutional right will the Federal Government target next, what FREEDOM will the government demand in return for our "safety?"  But there is a bright spot.  Only nine states now, but there is little doubt that other states are not far behind.  When every state's legislature finally stands with Texas and the other freedom-loving states, the yoke of the TSA and other unconstitutional creations of the USA PATRIOT Act can and will be thrown away.  You and I, FREE CITIZENS, will truly be free once again.  Will we EVER be totally secure?  No, of course not.  Neither will every terrorist be caught before he or she wreaks death and destruction on the world.  No government can possibly protect all the people all the time from all the possible risks in the world.  I will accept that, will be reasonably careful and observant, and I will enjoy my freedoms in the greatest democracy the world has ever known.  DOJ, Don't Tread On Me!