Monday, November 29, 2010

Issues of law

Dr. A. H. Krieg

In our Constitutional Republic the entire premise of our legal system is based on the concept that you are innocent until proven guilty in a court of law. In other words government must prove your guilt to be adjudicated before a group of your peers, a jury, before government may take any action against you. This in fact has been the primary principle of English law since the Maga Carta, in the 12th century.

We are by our Constituion, granted liberty and the pursuit of happiness and are therefore allowed on our own recognizance to move about the country any way we so desire. Travel is not a privilege it is a constitutionally guaranteed right. The government does not have the right or authority to in any way impede that right. Safety is not the issue, freedom and justice is. Those who will surrender their freedoms for government security shall enjoy neither freedom nor security.

The fourth amendment to the Constitution guarantees without encumbrance the right of every citizen to be secure in their person, houses, papers and effects against unreasonable search and seizure. The processes enacted by the TSA are in direct violation of the fourth amendment and are therefore illegal.

That our bureaucrat in charge, Mr. Pistole of the TSA seems not to understand the afore expressed principle issues, has been made clear by his statements and actions of the last two weeks. Why am I not surprised? Not one of Obama’s constitutional scholars from Eric Holder down, has articulated any understanding of American law or jurisprudence; we will not even, in such a short article, discuss an understanding of the Constitution and Bill of Rights by them.

If the actions by the TSA are not by popular demand scrubbed, then we can look forward to; random public searches on public thoroughfares, searches for use in public transportation such as subways, and buses, and seizure of private property at the digression of state and federal bureaucrats. Napolitano, already espoused the probable same searches at sporting events and theaters. Shortly thereafter will come home inspections and random car stops and searches on public thoroughfares, I have been through this before in Europe in the 40’s.

Our forefathers were very clear on this issue. If you expect total safety and security from government, you will have neither, but instead will lose your liberty and freedom. Any government that controls all also owns all.

The facts relating TSA are monumental. This agency has the highest employee turnover rate in the world. 67% of TSA employees are turned over annually. It is a low pay job and therefore attracts many unqualified people who do really stupid things. When you then superimpose a federal bureaucracy that is so “Politically Correct”, i.e. Culturally Marxist that they refuse to profile potential terrorists you can only wonder. I have an artificial shoulder I know in advance that it triggers scanners, so I need to be patted down. This never is a simple matter, in many cases the TSA officer demands that I first go through the machine. Because this procedure is time-consuming I see all sorts of idiocy. I have seen the fiscal search of a lady in her 90’s in a wheelchair and on oxygen, the patting down of a two year old, and the search of a white haired old man while a Middle Easterner with a turban walked right through the system. According to Mr. Pistole Arab women will not be patted down and only their Burkas will be checked, he says it’s a cultural thing.

Our government is totally out of control and is without question managed by a bunch of idiots. Consider that Visa® can within less than one minute report the credit worthiness of 15 million cardholders and the FBI, TSA, NSA, and all the other alphabet soup of agencies can’t even keep a 5,000 member published no-fly list up to date or available. None of the government issued ID are interfaced within the various agencies. They don’t even interface with Interpol or any of our allies. Per example anyone holding a carry permit that in every state has been checked out by the FBI, State and County police should be allowed upon presentation of his picture ID to sidestep the entire procedure. Likewise people holding U.S. passports should after checking no fly lists, bypass the system. All ID’s issued by states and the federal government should be in one database accessible only by TSA personnel and without duplication ability. There is no protocol available if you are denied access to flight, to access and to correct false information in government systems, this is unacceptable.

The solutions to this situation are in fact very simple. Firstly all travelers should be profiled. The means of accomplishing this are simple and non intrusive and violate no ones rights.

Travelers should be categorized.
Class one Domestic travel between American and Canadian Locations.
Class two Travelers outside North America.
Class three Travelers to and from regions of suspicion

These should then be further refined:
A-1 Children under ten years of age with their mothers or fathers
A-2 Adults over 65
B-1 Males between 16 and 60
B-2 Females between 16 and 60

Then to nationality:
C-1 American citizens
C-2 Foreign Citizens
C-3 Foreign Citizens from and to friendly nations.
C-4 Foreign citizens traveling from a region of suspicion.
D-1 Middle Easterners (all)

Screening of airline passengers that should not be done by the TSA or government but instead by the airlines, that should then establish three differing categories of threat and based on those parameters act accordingly. Per example Class one A-1 C-1 should forgo all screening, while Class three B-1 C-4 should be thoroughly searched. All C-4 and D-1 are automatically physically searched.

The one remaining issue relating to TSA is that there is a move afoot to unionize the TSA by the AFL/CIO. Being a suspicious sort of person I wonder if the present actions by TSA employees are being influenced by union organizers with the help of the bureaucracy, that lord knows, owes the Unions big time for their help in electing Obama. An army of unionized black booted thugs overseeing and restricting every citizen’s movements in and about our country is not my idea of a democratic state; rather it is the rise of the totalitarian empire.

Dr. Krieg’s books are available from all booksellers.


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