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« The *other* Fourth of July | Main | Sounds like a serious lawsuit »

Deputy stands up for First Amendment

Posted by David Hardy · 4 July 2013 06:42 PM

TSA "official" (actually their local head of PR, trying to play LEO) tells folks filming TSA that it's illegal, tries to get a deputy sheriff involved. The deputy tells everyone that their actions are protected by the First Amendment, and when the TSA guy asks him to detain them, refuses to do so. The TSA guy tells a person to show some ID, and the deputy says he has no duty to do that.

The various laws that have been passed, saying that Federal firearms regulations don't apply in the State, won't have much direct effect. But they do get people, including LEOs, thinking, and I suspect we'll see more of this as local LEOs decide they, and the people they protect, have had enough.

· General con law

3 Comments | Leave a comment

Sergio Ferrara | July 5, 2013 12:52 PM | Reply

The "TSA guy" here is actually an airport employee, not a TSA one.

Bigmag47 | July 5, 2013 3:26 PM | Reply

Anyone that wears a badge of "authority" whether it be the TSA, NSA, ATF, FBI, or the CIA all the way down to the local sheriff will tell you about "laws" that just DON`T exist. Read the Constitution, know your state and federal laws, get to know and understand your Bill of Rights. Knowledge is power! You may not make any friends in the law enforcement business, but it will help you stay out of jail unless they arrest you just because you pissed them off. That in itself is illegal!

fwb | July 7, 2013 4:43 PM | Reply

If the necessary and proper clause attaches police/punishment powers to the other powers granted in Article I, Section 8, why didn't the Framers recognize this and leave out the explicit grant concerning the power to punish counterfeiting? Could it be that EVERYONE today is wrong and the N&P clause DOES NOT attach implied powers, especially police/punishment powers to the other powers such as commerce and taxation? Interpreting the N&P clause as covering non-expressed powers negates the need to have Article I, Section 8, Paragraph 6 and 10. It would appear based on modern errors that the Framers were just idiots who didn't grasp the breadth of the powers granted under the N&P clause.

The real separation of powers is that the feds were given some power such as the power to lay and collect taxes BUT the feds were not given the power to punish nonpayment. The States were left with police powers and would support the feds if and when the states agreed that the power exercised was constitutional.

Over and over and over, one reads that the police power was left to the states, except that through subterfuge and trickery the feds have usurped powers by misinterpreting the N&P clause in their favor. Some may say "it couldn't be". I would say "Why not?" Those who ratified the Constitution didn't trust the feds any more than we do.

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