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Title: What the Constitution Says – Were Senator Paul’s Rights Violated When He Was Detained by TSA?
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URL Source: http://lewrockwell.com/slavo/slavo94.1.html
Published: Jan 24, 2012
Author: Mac Slavo
Post Date: 2012-01-24 06:44:40 by Ada
Keywords: None
Views: 343
Comments: 31
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. Constitution of the United States Article 1, Section 6 Senator Rand Paul (R-KY) was refused entry into a secured area of the Nashville Airport today after he reportedly rejected a TSA pat-down. According to the Senator, he was “detained” by TSA and forced to miss his flight. Mr. Paul cited the U.S. Constitution, specifically Article 1, Section 6 that clearly protects Senators and Representatives from arrest if they are on their way to, or returning from, a session of their respective House. US Sen. Rand Paul says he was stopped briefly by TSA agents security at the Nashville airport when a scanner found an “anomaly” on his knee. The Republican who frequently uses the airport about an hour from his Bowling Green, Ky., home told The Associated Press in a telephone interview that he asked for another scan but refused a pat down by airport security. He said he was “detained” at a small cubicle. He was later escorted out of the airport by local authorities and missed his flight to Washington for a Senate session. . Paul’s communication director Moira Bagley, (@moirabagley,) tweeted at about 10 a.m.: “Just got a call from @senrandpaul. He’s currently being detained by TSA in Nashville.” … The TSA responded to today’s incident: “When an irregularity is found during the TSA screening process, it must be resolved prior to allowing a passenger to proceed to the secure area of the airport,” according to an official statement released by TSA. “Passengers who refuse to complete the screening process cannot be granted access to the secure area in order to ensure the safety of others traveling.” Source: CS Monitor Putting the ethics, morality and Constitutionality of TSA groping aside for the moment, did the Transportation Security Administration’s detainment and subsequent refusal to allow Senator Paul aboard an airplane that was to take him to a Congressional session violate Article 1, Section 6 of the U.S. Constitution? The law was likely written to prevent politicians from having their rivals unjustifiably detained as they travelled to vote on important legislative matters. The importance of this section is further emphasized by the Articles of Confederation (Ratified March 1, 1781), which acted as a bridge between the newly found government of the colonies and the U.S Constitution (1789), and in which Article 5 provides for the same protections as the US Constitution: Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace. Even before the ratification of the Constitution, delegates from the original colonies understood the importance of allowing representatives of the people to travel to and from their sessions without being hindered – unless they were committing a felonious crime or breaching the peace. It seems, by all accounts, that the Transportation Security Administration has grossly overstepped it bounds. Despite what TSA leadership and officers may think, or what our views may be about how the situation was or should have been handled, the Constitution of the United States is very clear on these matters. Reprinted from SHTF Plan.
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#1. To: Ada (#0)
Teddy Kennedy was also given a hard time by TSA, supposedly because the name Ted Kennedy belongs to an Arab terrorist(!) and nobody seemed to know that this was a US Senator waiting in line. No, Rand Paul wasn't held in violation of the Speech & Debate clause. He registered an anomaly on the security metal detector and refused the conventional patdown. Instead he wanted some sort of irregular handling which was contrary to TSA's notion of good security practices. Frankly, if I had been another passenger in line and saw this guy flunking the metal detector and then getting waved through, I'd get very nervous about my flight. It wouldn't hurt though, if TSA has some procedure for certain documented ultra- VIPS that got them out of the line from the beginning, like pilots and flight attendants get.
If you can entertain the facts in that case along with the presumption that the TSA has any notion of "good security practices," you are suffering from a serious case of cognitive dissonance and need to get yourself medicated and treated post- haste. The TSA is nothing but a power grab and sees itself in charge of highways, bus terminals, malls, and eventually the entrances to public and private buildings. They're already working on many of these venues.
Understatement of the century --- the FEDERAL GOONS are all overstepping their bounds .... Fuck all of the nonsense - you're living on a prison planet - scrutinized by perverts 24/7 - felt up at airports - need permission from your STATE god to drive your car - hold a Bible study at your (hahaha) home - eat what you please - toxicate your kids 500 ways from Sunday - and are now subject to MILTARY CHECK POINTS wherein you just might be detained indefinitely ... NO HEARINGS ! This incident is simply prepping you to accept this bullshit ... since they did it to a Senator. "The people have always some champion whom they set over them and nurse into greatness. This and no other is the root from which a tyrant springs; when he first appears he is a protector " Plato.
Great post, randge. Anyone who believes the TSA is actually worth a bucket of warm spit is seriously deluded and should not be allowed out on their own.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi "If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken "..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
Sometimes I think that Shoonra is a plant inserted into this forum to make those with an exaggerated & pathological normalcy bias and an all-too-familiar & conventional aversion to facts look bad.
I don't know what to think of anyone who could STILL support Obama after Obama has proven to be an even worse president than Bush. It must really suck and blow at the same time to be so partisan you can't see what a horse's ass the Kenyan is or that he is doing his best to shred what little was left of the Constitution and turn America into a police state. Not that it wasn't already but he is going along with the program and doing all he can to make it even worse than it already was. Not much hope for people like that.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi "If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken "..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
Being that the REAL culprits behind 9/11 are still at large, and that the passengers and crew of those aircraft were more than likely incapacitated or killed by a nerve agent injected into the ventilation systems, I'd be VERY nervous if I ever had to fly. The TSA checkpoint is just a dog and pony show for the gullible, to make them FEEL "safe". As far as Sen. Paul, he offered to go through again, and even showed them the part of his body (his leg) which allegedly set off the detetector. When he was finally allowed to go back through, the scanner did not alert, indicating that it was more than likely a random alert that is programmed into the system. I wouldn't allow myself to be dosed with copius amounts of radiation to begin with, so unless it was an absolute necessity, I wouldn't be caught dead trying to fly these days anyways. And there are hordes of those partisans out there. What's scary is that there's also a great number of them them that write sentences that parse.
What is scary is that folks that far past it are even allowed out amongst the rest of the people. Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi "If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken "..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
Way back when, I was taught that whenever you restrict a person's freedom of movement, that person is for all intents and purposes under arrest. I haven't a clue if this basic instruction has been watered down over the decades, but Rand should have asked the a$$hats from the TSA the basic questions we on this board know so well; 1) am I under arrest? 2) am I free to leave your custody immediately? 3) if not, why not? and 4) If not, I want to call my lawyer ASAP.
where did she-ra get off to?
Good advice. JT. Personally, I think that Rand should have taken out his pocket Constitution (assuming he has one and if not maybe this will spur him to carry one) and ask the asshats if they knew they were in violation of the law (Constitution). Article 1, section 6 very plainly states: Section 6 - Compensation (The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) (The preceding words in parentheses were modified by the 27th Amendment.) They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. (added emphasis mine) So when Rand asked them if he was under arrest and they said no then the next logical inference is that he is free to go. And unless they had evidence of Treason, some kind of felony or breach of the peace they had no authority to arrest him or detain him. They should arrest Obama for treason but I won't stand on one foot and hold my breath waiting for that to happen. Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi "If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken "..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
It really is this simple. One cannot be held against their will w/o being arrested. If the authorities choose to make an arrest, they better have reasonable grounds to believe a crime has been committed, and on the flip side, the person who has been arrested needs to be prepared to go through the process for a few hours. It's pretty obvious what would happen at the TSA checkpoints if we all played the 'game' by their book. We'd win that fight within a year. Most likely much sooner.
He's masturbating to a picture of Janet Napolitano and using the pages of the Talmud to wipe up the mess. Hey, I think I've got a new idea for a modern art "masterpiece", you think it'll get rave reviews in the Solomon R. Guggenheim Museum in Jew York City??
#2. To: Shoonra (#1)
Teddy Kennedy was also given a hard time by TSA, supposedly because the name Ted Kennedy belongs to an Arab terrorist(!) and nobody seemed to know that this was a US Senator waiting in line.
#3. To: Ada (#0)
It seems, by all accounts, that the Transportation Security Administration has grossly overstepped it bounds.
#4. To: randge, Shoonra (#2)
#5. To: James Deffenbach (#4)
#6. To: randge (#5)
#7. To: Shoonra (#1)
"The real deal is this: the ‘royalty’ controlling the court, the ones with the power, the ones with the ability to make a difference, with the ability to change our course, the ones who will live in infamy if we pass the tipping points, are the captains of industry, CEOs in fossil fuel companies such as EXXON/Mobil, automobile manufacturers, utilities, all of the leaders who have placed short-term profit above the fate of the planet and the well-being of our children." - James Hansen
#8. To: James Deffenbach (#6)
It must really suck and blow at the same time to be so partisan
#9. To: randge (#8)
And there are hordes of those partisans out there. What's scary is that there's also a great number of them them that write sentences that parse.
#10. To: Ada, four (#0)
He said he was “detained” at a small cubicle.
#11. To: James Deffenbach, randge (#9)
the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET
#12. To: Jethro Tull (#10)
#13. To: James Deffenbach (#12)
So when Rand asked them if he was under arrest and they said no then the next logical inference is that he is free to go. And unless they had evidence of Treason, some kind of felony or breach of the peace they had no authority to arrest him or detain him.
#14. To: IRTorqued (#11)
where did she-ra get off to?
-Alex Kurtagic
#15. To: IRTorqued (#11)
Probably off to consult with Obama and Jay Carney about what he should say next. where did she-ra get off to?
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
#16. To: Jethro Tull (#13)
How I would love to see the looks on those goons faces when people started telling them, not just no, but HELL NO and in no uncertain terms. It's pretty obvious what would happen at the TSA checkpoints if we all played the 'game' by their book. We'd win that fight within a year. Most likely much sooner.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
#17. To: FormerLurker (#7)
someone i know pointed out that they thought it was odd that dr rand paul didnt seem to mind or mention the unhealthful effects of these 'backscatter' machines. Ron Paul wants to abolish the tsa altogether, which sounds good to me.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
#18. To: Artisan (#17)
I was wondering about that myself, but it was never made clear as to exactly what kind of machine was in play. someone i know pointed out that they thought it was odd that dr rand paul didnt seem to mind or mention the unhealthful effects of these 'backscatter' machines.
Mike Flaherty: Yeah, it's been there a long time. I wish I knew which corner.
My Man Godfrey (1936)
#19. To: Artisan, Esso (#17) (Edited)
I think this particular one was of the millimeter wave design. Both X-ray (backscatter) and millimeter wave (terahertz waves) technology are harmful. someone i know pointed out that they thought it was odd that dr rand paul didnt seem to mind or mention the unhealthful effects of these 'backscatter' machines.
"The real deal is this: the ‘royalty’ controlling the court, the ones with the power, the ones with the ability to make a difference, with the ability to change our course, the ones who will live in infamy if we pass the tipping points, are the captains of industry, CEOs in fossil fuel companies such as EXXON/Mobil, automobile manufacturers, utilities, all of the leaders who have placed short-term profit above the fate of the planet and the well-being of our children." - James Hansen
#20. To: Shoonra (#1)
Thank you for showing a textbook example of the old "All animals are equal, but some animals are more equal than others" mindset. It wouldn't hurt though, if TSA has some procedure for certain documented ultra- VIPS that got them out of the line from the beginning,
I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it. - Benjamin Franklin
#21. To: James Deffenbach (#15)
Hit and run. It will be back, by and by. where did she-ra get off to?
#22. To: randge (#21)
Sadly enough, you are probably right.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
#23. To: F.A. Hayek Fan (#20)
Flush that Zio-Rothschild turd before it stinks you up. IMO
#24. To: James Deffenbach (#12)
The Rule of Law America is dead. Dead as a doornail. Now, it is up to every Man to decide for himself if he is going to live free. I have chosen that I most certainly WILL kill and maybe-quite possibly die as a direct result of the resistance. So be it. Praise The Lord God Almighty.
#25. To: Cornhuskerkid (#24)
I suspect that anyone who makes much noise about the Kenyan and how they would rather die on their feet than live on their knees will probably be accomodated. Having said that I will say that life without liberty is pretty meaningless.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
#26. To: FormerLurker (#19)
on the bright side soon a bunch of idiot goons will be without teeth and hair waiting to croak from the radiation they bombard themselves with playing goose stepping nazi.
the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET
#27. To: Shoonra, All (#1)
Yes, he was. I think it's good security practice to disqualify people such as yourself (who are uninformed, misinformed, and otherwise in opposition to our Constitution) from having anything at all to do with the steerage of America's policies and government, as well as our voting process. Amendment 4 - Search and Seizure. Ratified 12/15/1791. Where are the TSA's Search and Seizure Warrants, Shoonra? In Israel? No, Rand Paul wasn't held in violation of the Speech & Debate clause.
TSA's notion of good security practices.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants [for search and seizure] shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
-------
"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
#28. To: James Deffenbach (#15)
every time, she-ra comes back stupider, there must be something odd in those meetings.
the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET
#29. To: IRTorqued (#28)
Maybe it's in the munchin's they snack on or the liquor they drink. every time, she-ra comes back stupider, there must be something odd in those meetings.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
#30. To: James Deffenbach (#29)
cakes sweetened with high fructose corn syrup washed down with estrogen filled cows milk and or fluoride fortified water. Maybe it's in the munchin's they snack on or the liquor they drink.
the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET
#31. To: IRTorqued (#30)
Yeah, that's all possible too.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
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