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-   -   Florida teen detained by TSA for design on her purse (https://www.subsim.com/radioroom/showthread.php?t=190214)

nikimcbee 12-04-11 11:29 AM

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Shouldn't be any flaming because that is against the forum rules...good honest debate and I personally find this thread interesting.

okay, I'll do it.:doh:

Damn bears fan!:dead:

(proceeds to throw bottle at Misha, but hits Steedhttp://t1.gstatic.com/images?q=tbn:A...8PE-LYSLYY-aEY instead, then quietly slips out of thread.)

Jimbuna 12-04-11 11:43 AM

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Originally Posted by nikimcbee (Post 1799134)
okay, I'll do it.:doh:

Damn bears fan!:dead:

(proceeds to throw bottle at Misha, but hits Steedhttp://t1.gstatic.com/images?q=tbn:A...8PE-LYSLYY-aEY instead, then quietly slips out of thread.)

Back in ya kennel...bonny lad :DL

Tribesman 12-04-11 03:00 PM

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Comparing experiences here with experiences elsewhere is, to my mind, is in this case irrelevant.
Comparing them with US experiences since sept 11th would be relevant, so would travel between here and the UK during the sillyness, so would flying on ElAl for decades, or for that matter flying on any of the other middle eastern airlines.

Krauter 12-04-11 03:06 PM

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Originally Posted by jimbuna (Post 1798956)

The TSA may have overreacted but the individual may have been better advised to carry an item with a different logo considering the location.

Just my two cents.

However, the issue I find here is that she stated she had no previous issues while flying to her destination with the same purse. If it wasn't an issue going there why should it be coming back?

Tribesman 12-04-11 03:12 PM

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However, the issue I find here is that she stated she had no previous issues while flying to her destination with the same purse.
Thats just like saying to a traffic cop " but you didn't pull me last time I was a ton up on this road"

Jimbuna 12-04-11 03:22 PM

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Originally Posted by Krauter (Post 1799280)
However, the issue I find here is that she stated she had no previous issues while flying to her destination with the same purse. If it wasn't an issue going there why should it be coming back?

Different staff, different levels of observation skills, different number of people in the immediate vicinity, different distractions...any number of things I suppose.

soopaman2 12-04-11 03:24 PM

So I will ask, how far is acceptable?

Pop a finger into your wife because she might be hiding something "in there"

Don't worry it is in the name of national security. All the searchers are making a sound 9$ an hour , it is ok. Well trained in modern America means underpaid.

Why do other countries (excepting Israel) do so well without dystopian rules to air travel?

Orwell would crap his pants at what we tolerate today, But then again in the end, even Winston Smith screamed genuine anger at the telescreen.

I guess we are all just brainwashed. Sorry...Not we.
You
I see what this is.
Except this time, we are all the "Juden"

So give your papers to the ex con working behind the TSA desk and let him feel your families assorted privated parts. If you tape them moaning in pleasure then you are guilty of a crime.

Sailor Steve 12-04-11 03:58 PM

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Originally Posted by Tribesman (Post 1799275)
Comparing them with US experiences since sept 11th would be relevant, so would travel between here and the UK during the sillyness, so would flying on ElAl for decades, or for that matter flying on any of the other middle eastern airlines.

Because of your childish penchant for deleting the person you're quoting, I had to go make sure it was me. :nope:

And you're wrong. Overreaction is overreaction, no matter who does it.

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Thats just like saying to a traffic cop " but you didn't pull me last time I was a ton up on this road"
No, because unlike your example she didn't actually do anything wrong. As I said, it should have taken one minute to make sure that it was only a piece of fashion, and she would have been on her way. These people overreacted, pure and simple.

1480 12-04-11 06:22 PM

[QUOTE=Sailor Steve;1799110]
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Ninth Amendment.

You have the right to do anything you want, as long as it doesn't interfere with anyone else's right to do the same.
The Ninth Amendment bars denial of unenumerated rights if the denial is based on the enumeration of certain rights in the Constitution, but does not bar denial of unenumerated rights if the denial is based on the enumeration of certain powers in the Constitution.[15] It is to that enumeration of powers that the courts have said we must look, in order to determine the extent of the unenumerated rights mentioned in the Ninth Amendment.[15]

United Public Workers v. Mitchell, 330 U.S. 75 (1947).

Laurence H. Tribe, American Constitutional Law 776 n. 14 (2nd ed. 1998).

"It is a common error, but an error nonetheless, to talk of 'ninth amendment rights.' The ninth amendment is not a source of rights as such; it is simply a rule about how to read the Constitution.

Gibson v. Matthews, 926 F.2d 532, 537 (6th Cir. 1991

"[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution."

So in my humble opinion, it is not a right.

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On the one hand, it's the airlines' house and rules. As a private concern they do have the right to refuse service to anyone, as the Constitution only applies to the Federal Government.

On the other hand, we make laws to protect ourselves from each other, and only the Federal Government is big enough to protect us all in this case. In these modern times something like TSA is, like law, taxes and government in general, is a necessary evil. That said, it is indeed necessary, and we all pay the price.
We basically agree on this. Had the airlines been a private entity there would be no discussion here.


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Comparing experiences here with experiences elsewhere is, to my mind, is in this case irrelevant. Are you saying that we should be grateful that our intrusive system is not as bad as theirs? I am, but I shouldn't have to be.
Actually, Bejing airport looks exactly like O'hare, just dimmer lighting. They have their own version of TSA but they go through if not exactly the same protocols than pretty much look cross trained with our TSA. And the reason why I mentioned it, was the three times I was searched after the initial screening. Must have been the Blackhawks jersey I had on :hmmm:

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Saying the girl should have known better is just like saying she shouldn't have dressed provocatively if she didn't want to be raped. While true, it's still commenting on something that shouldn't be. A one-minute examination of the purse would have told the officials everything they needed to know.
Never liked that argument and it has no relevance to this particular incident. Rape is a crime of violence.

None of the rights enumerated in the Constitution are absolute either. Too many examples of case law that prove that. I'll PM them to you if you would like.

And Buna, you know I am terrible with semantics :doh:

1480 12-04-11 06:36 PM

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Originally Posted by soopaman2 (Post 1799290)

Why do other countries (excepting Israel) do so well without dystopian rules to air travel?

In my experiences, airport security seems standardized now.

Spoon 11th 12-04-11 06:39 PM

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Originally Posted by 1480 (Post 1798724)
Yes, overreaction, that being said: how about flying with another purse...just saying.:o

YO DAWG! We heard TSA didn't like your purse so we put it inside another purse, so you can still carry your purse while you carry a purse.

1480 12-04-11 06:40 PM

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Originally Posted by nikimcbee (Post 1799134)
okay, I'll do it.:doh:

Damn bears fan!:dead:

(proceeds to throw bottle at Misha, but hits Steedhttp://t1.gstatic.com/images?q=tbn:A...8PE-LYSLYY-aEY instead, then quietly slips out of thread.)

Oh Pasha, shouldn't you be counting trees?

1480 12-04-11 06:41 PM

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Originally Posted by Spoon 11th (Post 1799449)
YO DAWG! We heard TSA didn't like your purse so we put it inside another purse, so you can still carry your purse while you carry a purse.

:har::har::har:

Krauter 12-04-11 06:46 PM

Quote:

Originally Posted by soopaman2 (Post 1799290)

So give your papers to the ex con working behind the TSA desk and let him feel your families assorted privated parts. If you tape them moaning in pleasure then you are guilty of a crime.

Can I ask... What the hell is wrong with you?

Tribesman 12-04-11 06:54 PM

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Because of your childish penchant for deleting the person you're quoting, I had to go make sure it was me. :nope:

You should be better than that.
So straight back at ya..........
plonker, no deletion, its all in your mind
See that little thing between "insert image" and "wrap[CODE] tags"?
Are you having a bad day?

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And you're wrong. Overreaction is overreaction, no matter who does it.
That does not address what was written. or what it was written about
But also that comes back and bites you at the bottom

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No, because unlike your example she didn't actually do anything wrong.
How do you know?

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As I said, it should have taken one minute to make sure that it was only a piece of fashion, and she would have been on her way
Possibly, but then further down the line you get more problems so that isn't a solution.

Quote:

These people overreacted, pure and simple.
How do you know that it wasn't the underage pregnant girl who overreacted and bought this all on herself?
It happens frequently in airports everywhere, people get uppity for no real reason and make a big scene which causes them delay then they make a scene about being delayed then go on about how unfair it is which delays them even more.

Sailor Steve 12-04-11 06:55 PM

Quote:

Originally Posted by 1480 (Post 1799430)
The Ninth Amendment bars denial of unenumerated rights if the denial is based on the enumeration of certain rights in the Constitution, but does not bar denial of unenumerated rights if the denial is based on the enumeration of certain powers in the Constitution.[15] It is to that enumeration of powers that the courts have said we must look, in order to determine the extent of the unenumerated rights mentioned in the Ninth Amendment.[15]

United Public Workers v. Mitchell, 330 U.S. 75 (1947).

Laurence H. Tribe, American Constitutional Law 776 n. 14 (2nd ed. 1998).

"It is a common error, but an error nonetheless, to talk of 'ninth amendment rights.' The ninth amendment is not a source of rights as such; it is simply a rule about how to read the Constitution.

Gibson v. Matthews, 926 F.2d 532, 537 (6th Cir. 1991

"[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution."

So in my humble opinion, it is not a right.

And that is a prime example of the court specifically ignoring the man who wrote the Bill Of Rights. James Madison "The Father of the Constitution", didn't want a Bill Of Rights at all, for the express reason that he believed that if he listed them some would inevitably be left out, and some lawyer down the road would say "They didn't mention that one, so it must not count." He believed that the Congressional and Executive powers listed could and would not be usurped, hence the Federal Government could never incroach on any of our rights, and that ALL rights belonged to the people, and none to the Government. He eventually let himself be persuaded by Jefferson, and by the fact that pretty much everybody else refused to sign if he didn't guarantee that he would include one.

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Why declare that things shall not be done which there is no power to do?
James Madison, Federalist #84

When he did give in, he did everything he could to prevent the government from intruding on unnamed rights.

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The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people; or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.
James Madison, Draft submitted to Congress

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It has been said, by way of objection to a bill of rights....that in the Federal Government they are unnecessary, because the powers are enumerated, and it follows, that all that are not granted by the constitution are retained; that the constitution is a bill of powers, the great residuum being the rights of the people; and, therefore, a bill of rights cannot be so necessary as if the residuum was thrown into the hands of the Government. I admit that these arguments are not entirely without foundation, but they are not as conclusive to the extent it has been proposed. It is true the powers of the general government are circumscribed; they are directed to particular objects; but even if government keeps within those limits, it has certain discretionary powers with respect to the means, which may admit of abuse.
James Madison, speech introducing the Bill Of Rights

My point is that it's true that the Government does indeed have the authority (granted by us - Government per se has no "rights" at all) to create an entity to protect its citizens. In this the NTA is no different than the police department - it's there for a reason. I also agree that the NTA and other Federal Agencies have the authority to prohibit the carrying of weapons, even fake or replica weapons, on an airliner. Where I disagree is that an purse with an embossed picture of a gun qualifies, especially when even a cursory look would show that it's obvious that her finger couldn't even fit inside the trigger guard.

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Never liked that argument and it has no relevance to this particular incident. Rape is a crime of violence.
It was the first one that came to my head. But the point here isn't the crime, it's the implication that "She should have known better." My point is that she shouldn't have to know better.

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None of the rights enumerated in the Constitution are absolute either. Too many examples of case law that prove that. I'll PM them to you if you would like.
You don't need to show me anything. As I often say, I read the Bill Of Rights as meaning one thing: I have the right to do anything I want, as long as I don't infringe anyone else's right to do exactly the same. Everything else springs from that concept.

Tribesman 12-04-11 07:06 PM

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And the reason why I mentioned it, was the three times I was searched after the initial screening.
In your country(which of course make it eminently relevant:03:) I was searched outside the terminal, then again inside before the check in, then at check in, then again through to departures then once more before actual boarding....and that was before the ATSA was enacted and there was piles of people getting far more thorough goings over than that.

1480 12-04-11 07:19 PM

@ S S.

Understand where you are coming from, and agree with some of the things you present. But the fact is, the judiciary interprets what is written down, whether or not it was intended or not by the framers.

As to personal responsibility for one's own behavior, I believe if people policed themselves and used a little common sense, we would not need a nanny state.

1480 12-04-11 07:21 PM

Quote:

Originally Posted by Tribesman (Post 1799469)
In your country(which of course make it eminently relevant:03:) I was searched outside the terminal, then again inside before the check in, then at check in, then again through to departures then once more before actual boarding....and that was before the ATSA was enacted and there was piles of people getting far more thorough goings over than that.

It's the accent, I blame the Simpsons for that. Next time wear a kilt without drawers :haha:

Tribesman 12-04-11 07:57 PM

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It's the accent, I blame the Simpsons for that. Next time wear a kilt without drawers
The accent was in my favour, like I said lots of other passengers(or potential passengers) were getting it very severe from all sorts of security.


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