The fact is that travelers are routinely told that the Constitution has been suspended at airports for security reasons. However what is the foundation of TSA being able to make this assertion? TSA was created in the wake of 9/11/2001, and still, as a citizen around here, I must ask what is the basis for being able to actually suspend the CONSTITUTION in any specific location, such as an airport? Shall we have a discussion on this subject?
What TSA official has stated that the Constitution 'doesn't apply' to the Agency?
What TSA official has stated that the Agency has 'suspended' the Constitution?
Current 4th Amendment jurisprudence does not address the activities of the TSA, no court has ruled as to the Constitutionality of the TSA's policies, however there are challenges pending.
There are in essence three elements to a 4th Amendment review of the Agency's practices:
Reasonable suspicion pursuant to a search
Reasonable expectation of privacy
A compelling governmental interest in conducting the searches where 4th Amendment protections do not apply
It can be argued, for example, that there is no reasonable expectation of privacy in an airport, that electing to fly constitutes consent to be searched, and that the government's interest in preventing an act of terror justifies the searches, where no 4th Amendment violation has occurred.
But this misses an important point:
Citizens shouldn't be concerning themselves with court challenges. The people themselves have the authority through the political process to compel their elected representatives in Congress to end the searches, or do away with the TSA altogether.
That this hasn't occurred would indicate the people approve of the TSA and its policies and want measures taken to prevent terrorist attacks.
Consequently your issue isn't with the TSA and how it functions in the context of the Constitution and its case law, but with your fellow Americans who are willing to allow the TSA to continue its searches.
