Re: Sen. Rand Paul ‘detained’ by TSA in Nashville, TSA denies
Nope. But I was surprised that Congressmen have to go through TSA. I thought they all had ways around that. I wonder if Pelosi and such need to go through TSA.
It's not so much that I think that Congressmen should be above the law, but rather that the law in this case is wrong.
Well, in this case, it's both.
The “law” is indeed wrong. The Constitution sets very strict limits to the circumstances under which government agents are allowed to perform any kind of invasive search of individuals or their property. The current TSA procedures are not in any way consistent with these standards. Every invasive search performed on every airline passenger for whom no specific evidence exists to connect that passenger to any suspected terrorist activity or other criminal activity, is in violation of the Constitution.
But there is, in fact, a very good reason why, even if the TSAs activities were legal, elected representatives should not be subject to them.
Suppose that the Senate, in the very session that Senator Paul was trying to return to Washington in order to attend, was going to be working on a bill to curtail the unconstitutional activities of the TSA. His positions on this subject are well known. The TSA would have a very clear motive in trying to prevent Senator Paul, and others of similar view, from attending that session. If they can, by force or intimidation, hinder such senators from traveling to D.C. to participate in that session, then they can corrupt the process by which the bill affecting them would be written and voted on. Perhaps even the thread of such hindrance could be used to intimidate representatives into voting in favor of the TSA.
If the TSA is allowed to freely do what it has openly done, in this instance, to Senator Paul, then this gives them substantial power to corrupt the legislative process in their favor.
Any power to hinder the travel of elected representatives,or in any way interfere with their ability to perform their duties, can be used in a targeted manner against representatives that are deemed likely to vote in a manner unfavorable to the interests of the one wielding that power.
It is for very good reason that Article I Section 6 of the Constitution clearly prohibits this sort of interference with the travels of an elected representative to and from the capital.