Round two of the battle for travel freedom is well underway.
The first round, which garnered national attention in the fall of 2010, focused primarily on the TSA implementing new procedures…pat downs, body scanners….and the public outcry against it….boycotts, protests, calling congress to demand change.
But, as the public response failed to stop the scanners and searches, round two has moved to state legislatures around the country. Most prominently, Texas, where the state house just passed a bill banning TSA searches without probable cause. Click here to read the Tenth Amendment Center’s report on the bill.
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. Read more…