wkmac
Well-Known Member
Uh...over kill??
By who fxdwg? Baba or the gov't?
If you are suggesting Baba, I'm glad he did post it including the list.
Ironically, last evening my wife and I attended a big football party and most all of the attendees were lawyers and a few judges. During the evening, of course the TSA thingy came up and opinions (even the legal ones) varied but the overall general consensus was not very warming to the idea. Yes, I got my licks in too! But we also happen to discuss this very issue as well and most like myself wondered the jurisdictional aspect of it. What I also found interesting is that they all seem to agree that since 9/11 the legal structure of this country has become very muddy even for them as you often have to look in very odd out of the way places to find authority of jurisdiction. One lawyer suggested and he did make a compelling arguement that with so many products made outside the US, all ICE has to do is find 1 single product, even a gem clip, and they can claim customs jurisdiction, even if that gem clip passed through 5 domestic US hands before reaching them. Customs has original jurisdiction over imported products so therefore they maintain that jurisdiction all the way to the final enduser. He backed up his position will the legal precedence of the Commerce Clause and how the Federal gov't reaches inside a state itself to regulate a purely state domestic product under the idea of Interstate Commerce. When any raw product or component of a finish product, is found to have come from outside that state and even though the finished product in never sold and used but inside that state, under the Commerce Clause the federal gov't still has jurisdiction over that product in all aspects in the marketplace including and most important the power to tax it.
One of the judges present who I know and actually married my brother and his wife years ago gave me a link to a presentation on the history of the Writ of Assistance in the early colonies and from that what sprang the idea of the 4th amendment and in many respects the tip of the spear that became the American Revloution. It's a presentation put on by The Bostonian Society and the Boston PBS station WGBH and it segues not only into the action of ICE and Law Enforcement in Social Media, but TSA and so many other Surveil and Seizure State actions. I just called the judge shortly ago to thank him for it and he was happy I appreciated it and told me to share it with my friends. Hope you enjoy it as well but between it being "PBS" and just over an hour long, I'm figuring most won't even bother but then that's actually normal for people even in the 1770's!
A Knock At The Door: Three Centuries of Governmental Search and Seizure
November 2009'