On Tue, 7 Sep 2004, Eric Cordian wrote:
An argument that the TSA cannot make rules, even secret rules, regulating air travel, because it is not Congress, will not pass the giggle test in court, unless you can show that the TSA exceeded its regulatory powers.
Absolutely correct. I am however intrigued that they may be preparing to posit that secret rules (which act under color of law) can be enforced without being described publicly. This, if accepted, would effectively end all constitutional protections. -- Yours, J.A. Terranson sysadmin@mfn.org 0xBD4A95BF "...justice is a duty towards those whom you love and those whom you do not. And people's rights will not be harmed if the opponent speaks out about them." Osama Bin Laden - - - "There aught to be limits to freedom!" George Bush - - - Which one scares you more?