ACTION ALERT: Texas’ Come and Take It Moment
Around 9:30 PM Central Time, State Senator Dan Patrick (SD-7) pulled “Restrain-the-TSA” anti-groping legislation (HB 1937) from the Senate floor. Earlier this evening, this bill was poised to pass the Texas Senate with a unanimous vote.
This maneuver was done in response to threats issued by the U.S. Department of Justice, which included: filing an immediate injunction against the statute that would include “the cancellation of any flight or series of flights”. This direct threat was issued in a letter by United States Attorney John E. Murphy.
Throughout the day (Tuesday, May 24th), the Texas State Capitol was besieged by a swarm of TSA and Department of Justice (“DoJ”) lobbyists, which is unlawful. It is not known what additional threats or inducements were bandied about by these federal agents behind closed doors, but their presence represented a clear indication that the TSA may no longer be as confident in resting its fate on the federal supremacy clause.
Article VI, Section 2 of the United States Constitution establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as the “supreme law of the land”. The fly in the ointment for the TSA is that while it and the Department of Homeland Security were enacted by federal statute, their ”naked” body scanners and their “enhanced” pat-downs for those who opt out of the scanners are not law, but “administrative policies”.
This makes it very difficult to argue that low wage federal bureaucrats are permitted to touch you in ways that are unlawful for a properly trained law enforcement officer, particularly when the administrative policies are a clear violation of the U.S. Constitution’s 4th amendment.
The 4th amendment, enshrined in the Bill of Rights, guards against unreasonable searches and seizures and requires any search warrant to be judicially sanctioned and supported by probable cause.
Our desire to travel freely does not constitute intent to commit a crime, nor does it justify suspicion of a crime, as the TSA universally asserts. The contention that an offensive administrative policy trumps the U.S. Constitution is laughable. However, the threat of a statewide economic disruption triggered by massive flight cancelations was painfully clear to our Texas Senators who are clearly contemplating their modern day “Come and Take It” moment.
What terrifies the social engineers in Washington to such an extent that they must exert such drastic measures to defeat a bill that strives to restore sensible security measures to the traveling public?
Click here to encourage our Senators, Lt. Governor David Dewhurst and Governor Rick Perry to proudly stand up in the “Come and Take it” moment and force the federal government to show the nation its true colors.
Background on HB 1937
HB 1937 was initially filed by State Representative David Simpson (HD-7, Longview, TX) on March 1, 2011. It was referred out of the House committee on Criminal Jurisprudence on April 12th with a unanimous recommendation for passage in the House with a vote of 8 ayes, 0 nays, and 1 absent.
Due to the limited term of the Texas legislature, the bill had to complete its second reading on the House floor by midnight May 12th. HB 1937 passed the Texas House with a unanimous vote of its representatives in the 11th hour and 95 authors/co-authors.
HB 1937 was passed out of the Senate committee on Transportation and Homeland Security with a unanimous recommendation with a vote of 9 ayes, 0 nays, and 0 absent.
I spoke with a representative at Senator Patrick’s office and she explained to me is that the reason the Senator pulled the bill is that it came to his attention at the last minute that he did not have the votes to bring the bill up for a vote (it’s a bit confusing, but before a bill is voted on it must have enough votes to bring it up for a final vote on the floor). Senator Kirk Watson and a cohort of others are the main opponents to the bill and would have voted against bringing it up for a vote.
If Senator Patrick would have allowed it to go through and did not get the 21 votes required the bill would then be DOA. Senator Patrick is fully behind the bill; he is trying to keep it alive. Call your senator and especially call the office of Kirk Watson (district 14).
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All of those lawmakers beating their chests in TX will back down, it’s just the way it works these days.
Nice try though…
Pass the law anyway. Let the feds follow through on their threats. Good way to get all of the states angry and the feds don’t need more people being angry at them. Texas can invoke the 10th amendment. So can NH, NJ, HI, and any other states that’s sick of being pushed around and violated by the feds.
Remember the Alamo! What do you think David Crockette, James Bowie and William Travis would say to the Feds?
If Texas wimps out on this they should just bulldoze the Alamo and put up a Walmart there.
Remember the Alamo? Remember that they lost and got massacred, fool. It’s one thing to play stupid and censor schoolbooks, it’s quite another to play chicken with the federal government. You will lose, period, and stopping every Texas flight is the right thing to do. If you nimrods want to put your flights in jeopardy, then all you get are local flights, or the bus. End of story.
JJ, I suggest that you read this piece from the editor of the Washington Times.
http://www.washingtontimes.com/news/2011/may/25/diamond-tsa-messes-texas-privates/
Texas won’t get the backlash. TSA/DHS and its treasonous legion will really start feeling the heat.
You sound like a federal operative/snitch. Your done!!
Yeah the Alamo fell… but people believed. They had character and stood up. One can assume from your comment you support the shreading of your right in exchange for a small amount instant gratification. I’m sorry to hear that, I would suggest you educate yourself on what really founded our nation and why the great state of Texas used to stand as the “Lone Star State”, then and only then if you read the truth, will you begin to understand that you have started to imprison yourself.
John E. Murphy’s letter should be taken directly to the nearest district attorney, who should indict him in state court for the federal crime of violating our civil rights.
If this does not happen, the DA who refuses should be impeached immediately.
Come and take it ! ! ! !
In a day and age where everything has to do with the almighty dollar, I can only wonder with all the TSA agents (lobbists) running around, how many airline lobbists were filling pockets with money to keep the airlines going? Funny thing about politians and liars…they both tell a person what they want hear.