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Texas Bills Would Nullify NDAA’s Indefinite Detention, TSA’s Intrusive Screening

Written by  Raven Clabough

State lawmakers in Texas are fighting to reassert their citizens’ Fourth, Sixth, and Eighth Amendment rights. Republican legislators have submitted two bills, one to remove the indefinite detention provisions in the National Defense Authorization Act (NDAA), and the other to stop the intrusive screening procedures of the Transportation Security Administration (TSA).

HB149, the Texas Liberty Preservation Act filed by state Rep. Lyle Larson, targets the most controversial provisions of the 2012 National Defense Authorization Act. The online Huffington Post reports,

HB 149 specifically calls out Section 1021 and 1022 of the NDAA, which were recently subjects of a federal lawsuit filed by plaintiffs concerned that the language within the passages could be used to indefinitely detain U.S. citizens.

In October, a federal appeals court rejected the notion that the indefinite detention provisions found within the NDAA pose a reasonable threat to American citizens and blocked an injunction issued by another judge in May who had determined that the NDAA did not “pass constitutional muster.”

According to the appeals judges, “the public interest” outweighed the concerns raised by the plaintiffs. They determined that “the statute does not affect the existing rights of United States citizens.”

Lawmakers in the Lone Star State disagree. According to HB 149, sections 1021 and 1022 of the NDAA are “inimical to the liberty, security, and well-being of the citizens of the State of Texas” and violate both federal and state constitutions.

HB 149 notes that the Tenth Amendment to the Constitution, which greatly limits the role of the federal government, has been violated as the government has usurped powers that it was not intended to have. It states,

It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of Sections 1021 and 1022 of the National Defense Authorization Act for fiscal year 2012.

Violators of this statute may receive imprisonment of up to a year, a fine of no more than $10,000, or both, according to the bill.

The Tenth Amendment Center notes that Texas is just one in a string of states that has worked to override the provisions found within the NDAA:

Local communities in Colorado sent out the first warning shots, passing resolutions and ordinances rejecting such power earlier this year.

Then … Virginia Governor Bob McDonnell signed House Bill 1160, making that state the first to pass a law not only rejecting the federal act, but fully banning any state agency from cooperating with the feds on it.

Over 15 local communities have reportedly done the same. And Michigan is considering similar legislation.

Residents of Texas who support the legislation are encouraged to contact their state representative and senator here.

A second bill in Texas targets the controversial screening procedures of the Transportation Security Administration. HB 80, filed by GOP state Rep. David Simpson, is intended to prohibit what is perceived to be federal overreach by the TSA.

The Huffington Post writes:

The measure declares that any “intentional” touching of “the [private parts] of the other person, including touching through clothing,” without probable cause would be considered a violation of the law. It would also prohibit removing a “child younger than 18 years of age from the physical custody or control of a parent or guardian of the child,” and establishes broader restrictions on harassment or inconveniencing those desiring to avoid such searches.

The bill also asserts that it is the role of the state’s attorney general to defend the statute, and lists a variety of justifications he may use to do so:

If the government of the United States, the defendant, or the defendant’s employer challenges the validity of Section 39.03(a)(4), Penal Code, as added by this Act, on grounds of unconstitutionality, preemption, or sovereign immunity, the attorney general of this state … shall take any actions necessary on behalf of the state to defend the validity of the statute. The attorney general may make any legal arguments the attorney general considers appropriate, including that this Act constitutes a valid exercise of:

(1)  the state’s police powers;

(2)  the liberty interests of the people that are secured by the United States Constitution;

(3)  the powers reserved to the states by the Tenth Amendment to the United States Constitution; or

(4)  the rights and protections secured by the Texas Constitution.

If the bill becomes law, it will take effect in September of 2013.

This is not the first time Texas legislators have attempted to pass such a measure. In 2011, Representative David Simpson, who filed HB 80, spearheaded two bills which did not pass, HB 1937 and HB 1938, both of which specifically targeted the TSA. HB 1937 would have banned offensive touching of individuals who sought access to public buildings or transportation and punished those who broke the law. HB 1938 would have outlawed the use of “nude body scanners” at all Texas airports.

Unsurprisingly, HB 80 has garnered the favor of privacy advocates who view the TSA’s screening methods as being far too intrusive.

Tenth Amendment Center communications director Mike Maharrey said in a statement,

If you walk up to somebody and grab their crotch out on the street, it will land you in jail. Blue uniforms and federal badges don’t grant some goon the power to sexually assault you, or at least they shouldn’t.

A person doesn’t forfeit her or his personal dignity or Fourth Amendment protections with the purchase of an airline ticket.

Both HB 149 and HB 80 are examples of nullification, as Texas is using the authority found within the Tenth Amendment to reject federal overreach.

Ken Hoover of The John Birch Society observed last year, “We all are aware of how the so-called ‘war on terror’ has been used to chip away at our liberties.” Pointing to TSA procedures specifically, he continued, “It would appear that the main casualty of the ‘war on terror’ has been the Fourth Amendment. These intrusions need to be stopped.”

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The NDAA, The TSA, 30,000 Drones in the Sky by 2020? Is This Still the Land of the Free?

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Posted on April 18, 2012
by Nick Sorrentino

From the Jack Hunter comes this piece. Apparently there are some conservatives on the Hill who are seeking the repeal (or to at least amend) the National Defense Authorization Act which gives the president the authority (though in the Constitution there is none) to detain American citizens indefinitely and without due process. Good on ya House GOP. Though I don’t see leadership endorsing the effort.

To date the push has been led by Republican Congressman Justin Amash, a real shining light of liberty and hopefully a rising star in the House too.  He seeks to raise the profile of the NDAA, and to the degree that we can we seek to help him.

The NDAA is un-American. It is a blot on our country. Never should such power be given to the president. Never.

It is of such concern that recently in Worcester Massachusetts a group of Occupiers and a group of TEA Partiers got together for an afternoon to protest this horrible law. That’s something!

Sadly however the surveillance state continues to grow.

We now live in a society where the TSA can and does accost us every time we get on a flight. We must now take off our shoes, belts, toss out our shampoo, potentially get felt up, and be subject to doses of radiation just to get on a plane.

We have robot cameras on highways issuing speeding tickets. One camera in Washington DC across from the German embassy has issued “tens of thousands.” I heard this morning that someone actually hired a guy to stand with a sign beside the road warning drivers of the camera.

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The Department of Homeland Security is a beast that continues to rage out of control. It, along with other law “enforcement” agencies will soon deploy drones in American airspace. By 2020 the FAA anticipates that there will be 30,000 drones patrolling the skies.  How can a country which calls itself the “Land of the Free” allow this to happen? We will be watched everywhere we go. And why? Because we must thwart terrorism!

I’m sorry but I am WAY more concerned about 30,000 drones peering into the lives of everyday Americans than I am about acts of terrorism. I feel like if we have 30,000 drones flying around watching us then the terrorists it can be said have won. We have abandoned our western liberal ways for an almost subhuman existence in may respects. It certainly is not the life of a “citizen.” Citizens are free people.

We are heading down a very dangerous road here. If Americans don’t really start to buck the surveillance state now, they will never throw it off. But alas, we are all too busy, with jobs, and children, and bills, to notice that the sun is increasingly being blocked out by the government eye in the sky.

The cherry on the surveillance sundae is that as our liberties slip away, one at a time, there are people making big bucks off of every slip.

Looks like Orwell was only off by a few decades.

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The TSA’s mission creep is making the US a police state

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A TSA 'viper' (VIPR) team patrolling mass transit

The out-of-control Transportation Security Administration is past patdowns at airports – now it’s checkpoints and roadblocks

Jennifer Abel
guardian.co.uk,
Wednesday 18 April 2012 15.42 BST

Ever since 2010, when the Transportation Security Administration started requiring that travelers in American airports submit to sexually intrusive gropings based on the apparent anti-terrorism principle that “If we can’t feel your nipples, they must be a bomb”, the agency’s craven apologists have shouted down all constitutional or human rights objections with the mantra “If you don’t like it, don’t fly!”

This callous disregard for travelers’ rights merely paraphrases the words of Homeland Security director Janet Napolitano, who shares, with the president, ultimate responsibility for all TSA travesties since 2009. In November 2010, with the groping policy only a few weeks old, Napolitano dismissed complaints by saying “people [who] want to travel by some other means” have that right. (In other words: if you don’t like it, don’t fly.)

But now TSA is invading travel by other means, too. No surprise, really: as soon as she established groping in airports, Napolitano expressed her desire to expand TSA jurisdiction over all forms of mass transit. In the past year, TSA’s snakelike VIPR (Visual Intermodal Prevention and Response) teams have been slithering into more and more bus and train stations – and even running checkpoints on highways – never in response to actual threats, but apparently more in an attempt to live up to the inspirational motto displayed at the TSA’s air marshal training center since the agency’s inception: “Dominate. Intimidate. Control.”

Anyone who rode the bus in Houston, Texas during the 2-10pm shift last Friday faced random bag checks and sweeps by both drug-sniffing dogs and bomb-sniffing dogs (the latter being only canines necessary if “preventing terrorism” were the actual intent of these raids), all courtesy of a joint effort between TSA VIPR nests and three different local and county-level police departments. The new Napolitano doctrine, then: “Show us your papers, show us everything you’ve got, justify yourself or you’re not allowed to go about your everyday business.”

Congresswoman Sheila Jackson-Lee praised these violations of her constituents’ rights with an explanation asinine even by congressional standards:

“We’re looking to make sure that the lady I saw walking with a cane … knows that Metro cares as much about her as we do about building the light rail.”

See, if you don’t support the random harassment of ordinary people riding the bus to work, you’re a callous bastard who doesn’t care about little old ladies.

No specific threats or reasons were cited for the raids, as the government no longer even pretends to need any. Vipers bite you just because they can. TSA spokesman Jim Fotenos confirmed this a few days before the Houston raids, when VIPR teams and local police did the same thing to travelers catching trains out of the Amtrak station in Alton, Illinois. Fotenos confirmed that “It was not in response to a specific threat,” and bragged that VIPR teams conduct “thousands” of these operations each year.

Still, apologists can pretend that’s all good, pretend constitutional and human rights somehow don’t apply to mass transit, and twist their minds into the Mobius pretzel shapes necessary to find random searches of everyday travelers compatible with any notion that America is a free country. “Don’t like the new rules for mass transit? Then drive.”

Except even that doesn’t work anymore. Earlier this month, the VIPRs came out again in Virginia and infested the Hampton Roads Bridge-Tunnel, also known as the stretch of Interstate 64 connecting the cities of Hampton and Norfolk. Spokesmen admitted again that the exercise was a “routine sweep”, not a response to any specific threat. Official news outlets admitted the checkpoint caused a delay (further exacerbated by a couple of accidents), but didn’t say for how long. Local commenters at the Travel Underground forums reported delays of 90 minutes.

I grew up in the Hampton Roads region of Virginia. When I was a kid, my dad crossed the bridge-tunnel every day while commuting to work. When I was in university, I did the same thing. The old conventional wisdom said “Get to the airport at least two hours early, so TSA has time to violate your constitutional rights before boarding.” What’s the new conventional wisdom – “Leave for any destination at least 90 minutes early, so TSA can violate your rights en route”?

Airports, bus terminals, train stations, highways – what’s left? If you don’t like it, walk. And remember to be respectfully submissive to any TSA agents or police you encounter in your travels, especially now that the US supreme court has ruled mass strip-searches are acceptable for anyone arrested for even the most minor offence in America. If you’re rude to any TSA agent or cops, you risk being arrested on some vague catch-all charge like “disorderly conduct”. Even if the charges are later dropped, you’ll still undergo the ritual humiliation of having to strip, squat, spread ’em and show your various orifices to be empty.

Can I call America a police state now, without being accused of hyperbole?

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