Scanned or Groped?

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I’ve been thinking about the horrid situation at airports for weeks, and before that for even more months

Flyers now have the option enforced against them of either being scanned or groped. What a choice!

I haven’t flown in an airplane for years now. The last time was when I attended a conference at the Mises Institute in Alabama. I have been lucky. I didn’t need to fly or want to fly, but I still may feel I have to, and I am still deeply troubled by the scanning and groping. Both are despicable.

What I wish is that all flyers would organize and boycott all flying, or organize sit-down strikes at all the airports on a given day and hour, or organize some sort of widespread protest action or actions at specific times so as to make known their true inner feelings.

This hope banks on the notion that people now put up with the scanning and groping because they feel they have no alternative as individuals. I may be wrong. They may support it or feel it’s in their safety interest. I don’t know, but I can only express my own personal distaste for what air travel has come to and hope that someone better equipped to organize protests than I will do so. Such protests should be accompanied by publicized demands to end this travesty.

Stop it! Stop it now! Stop searching every traveler! Stop searching innocent people!

Stop searches that have no reasonable basis. Stop searches that are based only on one criterion: that the person is a traveler. What kind of reasonable basis for a search is that? None whatsoever! It is totally unreasonable to suspect everyone! It is totally unreasonable to suspect everyone who is a traveler. It’s unreasonable for the obvious reason that we all know that not one person in sixty million is a terrorist, and not one in six hundred million is at the point of trying to board a plane with an explosive device hidden on his person.

Groping and scanning are both searches. Both are equally vile. Both are unreasonable searches. Both need to be rejected.

Why should I submit to a search? What have I done to merit that? What criminal record have I accumulated in my 70 years? When have I uttered a threat against an airline? When have I encouraged anyone to blow up an airplane?

Where’s the probable cause? Where’s the reasonable basis to grope me, frisk me, x-ray me, or otherwise invade my person or property? There is none.

Where’s the warrant obtained from a judge? There is none.

It’s totally ridiculous to be searching me. I won’t stand for it. I am being assumed to be a criminal suspect for no good reason whatsoever. The people engaging in the criminal behavior are the searchers in this case, not the searchees.

I speak personally, but of course the same is true of millions upon millions of other people. What have they done to merit a search? Absolutely nothing. Nada.

There is such a thing as a U.S. Constitution, although adherence to it is zilch. It once meant something, and the government still claims it means something. What a bunch of liars and hypocrites they are. They deserve no respect. They deserve nothing but scorn. How can they conduct such searches of millions of innocent people in the face of the constitutional language?

The Fourth Amendment reads

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

There is no ambiguity here. The right to be secure in my person shall not be violated. Period. It doesn’t say that airports are an exception. Or that public roads are an exception. Or that public spaces are an exception. There are no exceptions listed.

If exceptions are allowed, such as supposedly to create safe air travel, then similar exceptions can be allowed for rail, bus, auto, and pedestrian traffic anywhere, anytime, and at virtually any place. Police state, folks. That’s what we’re talking about. Police state. We’ve got it. Now. Here and now. Don’t look now, it’s here already.

Am I an expert on the case law of searches? Have I read all the pertinent Supreme Court cases that develop exceptions and procedures and interpret the Constitution? No. I won’t waste any more time on such a fruitless endeavor. I did that for the case of America’s money. I did that in excruciating detail over the course of two solid months. I found, as have others before me, that the Supreme Court is perfectly capable of making things up as they go along. They have twisted the clear constitutional language to suit themselves and their own ideas. We cannot quietly submit to what the Supreme Court says. We must protest when conscience and reason tell us that the Court is in the wrong.

I demand the termination of these unreasonable searches and I urge you to demand the same. Boycott air travel, or else dream up some better manner of protest than I can think of. But don’t sit still for this. It’s not right, and you know it’s not right. It’s not lawful, and you know it’s not lawful. It’s mass insanity, and you know it’s mass insanity.

Michael S. Rozeff [send him mail] is a retired Professor of Finance living in East Amherst, New York. He is the author of the free e-book Essays on American Empire.

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