The TSA: Nearly as bad as Obamacare
Reblogged from Two Heads are Better Than One:
The SCOTUS Obamacare decision from last week has monopolized the conversation ever since and, for today at least, I need to take a break. And there is something that is almost as important, just as frustrating and arguably more dangerous. It is, in my opinion, one of the worst agencies we’ve ever created: the Transportation Security Administration, or as it’s better known, the
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the TSA is UNCONSTITUTIONAL and ILLEGAL when operating outside of it’s territorial jurisdiction. That territorial jurisdiction is limited to property owned by or ceded to the United States!
This is not to say that territory encompasses the entirety of the country!
The territorial jurisdictional limitation is defined in USC title 28 chapter 5 historical notes; Sections 81–131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945:
The inclusion of Section 88 District of Columbia within the range “Sections 81- 131 of this chapter” makes the “territorial composition of districts and divisions” necessarily subject to the exclusive jurisdiction of the United States of America. Consideration of the two sections that represent Alaska and Hawaii in 1945 and the section that represents Puerto Rico confirms territorial composition of the districts and divisions to be limited to the territory over which the United States of America has exclusive jurisdiction.
The United States of America has exclusive jurisdiction over Washington, D.C. the seat of government, so the territorial composition of United States district court in the District of Columbia must be the entirety of Washington County. The rest of the Chapter 5 United States district courts would have districts whose territorial composition would be limited to the territory WITHIN the counties of the district subject to the exclusive jurisdiction of the United States of America. The DA and the United States Attorney have jurisdiction over the same territory, but it is NOT the entire COUNTY.
United States territorial property generally consists of washington dc, national parks, military installation or federal enclaves. Enclaves such as Federal buildings, including correctional facilities, federal court and federal office buildings, penitentiaries, post offices, and buildings such as National Institute of Health; the federal clinical research facility in Bethesda, Maryland, managed by the U.S. Department of Health & Human Services; and NASA’s Kennedy Space Center in Cape Canaveral, Florida. etc.
UNLESS the airport, bus station et al; are owned by or ceded to the UNITED STATES, the TSA is without “outside” its territorial jurisdiction!