Timeline for Are the TSA rules legally binding?
Current License: CC BY-SA 3.0
8 events
| when toggle format | what | by | license | comment | |
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| Mar 9, 2023 at 3:22 | comment | added | littleadv | @moonman239 the TSA sets the terms of what is allowed and what is not. These are not arbitrary and are well known. You want to challenge them? Go to court. Ignoring them would bring the TSA enforcement action against you, which you also can challenge in court if you want. | |
| Mar 8, 2023 at 18:22 | comment | added | moonman239 | Begs the question of whether the TSA should be allowed to ban things or if they should only be allowed to simply notify law enforcement and/or start an investigation. It'd be nice to be able to bring a tube of toothpaste from home. Swab it or something, just let me take it on the plane! | |
| Oct 2, 2015 at 14:03 | comment | added | reirab | @Jacco Note that TSA can't just make up whatever rule they want. They have to act within the (relatively narrow) authority they've been granted by Congress, just like with the speed limit example. Same applies to the FAA, EPA, DOT, etc. The same principle is also used within state level governments (legislatures granting specific authority to executive regulatory agencies.) | |
| Oct 2, 2015 at 13:58 | comment | added | reirab | @Jacco The law (passed by Congress) gives executive agencies (including DHS/TSA) the authority within certain constraints to make rules to achieve the purposes of the laws. The Federal Aviation Regulations work the same way. See the Code of Federal Regulations. The laws which authorize this rule making also specify what penalties could be dealt out for breaking them (which can including criminal prosecution.) Duke's law school has a more thorough explanation here. | |
| Jun 26, 2012 at 10:22 | comment | added | Jacco | Your example is flawed: Designated traffic agencies are allowed to choose which speed limit to enforce on what road. They are not allowed to invent new rules. The TSA, according to your post, does have this privilege. However, this does not answer the juridical question of those TSA-created rules having an equal status to laws. (In other words, is the TSA a Legislative authority or are they (only) allowed to implement and enforce laws.) | |
| Jun 22, 2012 at 21:45 | vote | accept | Mark Mayo | ||
| Jun 22, 2012 at 21:43 | history | edited | littleadv | CC BY-SA 3.0 |
added 151 characters in body; added 278 characters in body
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| Jun 22, 2012 at 21:37 | history | answered | littleadv | CC BY-SA 3.0 |