The TSA: Enabler of "A Thousand Cuts" » Publications » Family Security Matters

The TSA: Enabler of "A Thousand Cuts" » Publications » Family Security Matters: "Reading several articles about how the Transportation Security Administration’s (TSA’s) full-body scans and pat-down “enhanced” security procedures violate the Fourth Amendment, I was struck by the utter irrelevancy of the argument. Citing that Amendment against unreasonable searches and seizures would indeed present an unarguable efficacy if we lived in a political environment in which the rule of law otherwise prevailed. No court could contradict the argument and still retain any credibility.

But we do not live in such an environment. We are living in a political era of fiat law. The rule of law in the United States has nearly expired. I would not discourage lawsuits based on the Fourth Amendment, but, to judge by the intellectual caliber of most of our jurists, I am not confident these lawsuits will succeed in getting the TSA out of our hair, pants, bras, and pockets."

See original work for more on this and other stories.