Texas vs. the TSA

          The Texas state house of representatives took a tough, even defiant, stance regarding the encroachment of the federal government on the rights of states but, in the face of intense pressure, they folded.  On March first of this year, HB 1937  was introduced into the Texas House.  The bill would have made illegal the “intrusive touching” of people seeking to enter public buildings or use public transportation, such as airlines and trains. 

          In a letter to the Texas Senate, United States Attorney John Murphy speaking for the Department of Justice said that if the law had passed the federal government would almost certainly have sought an emergency stay of the statute.  Further he said that, “Unless or until such a stay were granted, TSA would likely be required to cancel any flight” affected by the law. 

          While I agree with the anger and frustration that brought forth this bill, I am equally certain that the TSA would have sought an emergency stay.  If they did not or the stay was not granted the TSA, acting under the supremacy clause, would have continued their intrusive pat-downs.   Now, what do you think would happen when Texas police attempted to arrest federal workers enforcing federal law?  Many will argue that, under the Tenth Amendment, Texas was within its rights to pass and enforce HB 1937 and that the Commerce Clause was never meant to allow groping of law-abiding citizens by federal workers and I would agree.  However, if this law had passed it would have either been struck or, if no one was willing to back down, led to a constitutional crisis.  United States marshals drawing weapons on Texas Rangers is about the last thing I would want to see.

          If states want to push back against intrusive federal regulation, they need to do it in cooperation with other states.  There is power in numbers as we are seeing with the 30 states now challenging the constitutionality of Obamacare.  When you have 30 states that agree on something it only takes eight more to make it an amendment to the Constitution. 

          If thirty states passed laws against groping of woman and children by federal workers the TSA would not threaten to cancel air travel to 60% of the nation, they would sit down and discuss needed change.  Don’t go it alone Lone Star State, there are many who are willing to stand with you.