Let’s ask the commonsense question: If the TSA can run security checkpoints at not only airports but also local high schools, and if the TSA can reach down your pants and feel your genitals in complete violation of your Fourth Amendment rights, and if the TSA says it has the complete authority under the U.S. Constitution to do whatever it wants, then what are the limits on the TSA’s power?
It’s not just an important question, it is THE question of freedom: What are the limits of government power?
According to the TSA’s current explanations, there are no limits to its power. It can do whatever it wants. But America’s founding fathers, not surprisingly, strongly disagreed. In fact, they penned two documents that specifically defined strict limits to government power. Those two documents are, of course, the U.S. Constitution and its Bill of Rights.
The Constitution and the Bill of Rights are, technically, anti-government documents. They spell out the limits of government in order to protect the freedoms of the People. Remember, these were documents that came out of a time when British soldiers would conduct house-to-house searches — looting homes and sexually assaulting women — without any legal justification whatsoever. The early American colonists were infuriated at this abuse of power, so they created the Fourth Amendment which specifically forbade searches of people or their private property without court-approved warrants that specifically named the things to be searched or seized.