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Friday, April 8, 2011
Is the TSA the new OSHA...like in Bill Barlow v. OSHA (1976)
Pocatello, Idaho.... Bill Barlow and his four sons ran a plumbing, heating and electrical business. This was a family-owned business with thirty-five employees. Bill new that eventually OSHA would sooner or later inspect his business on his private property. After some thinking and study he felt that such inspection of private property by the government was a violation of a constitutional right under the Fourth Amendment.*
*Article IV, December 15, 1791: The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
OSHA, at that time, based its right to search without a warrant of Section 8(a) of the Occupational Safety and Health Act.
Bill refused to obey the order. He challenged the constitutionality of Section 8(a) of the OSHA Act via an empaneled three judge court.
The U.S. District Court ruled on December 30, 1976 in his favor stating that Section 8(a) 'directly offends against the prohibitions of the 4th Amendment of the Constitution of the United States of America.'
I would like to know how the government and TSA circumvented and continues to circumvent via the Patriot
Act or other instrument the original intent of the very clearly stated right established by the 4th Amendment of the Constitution of the United States of America. What Amendment (Right) are we going to loose to the sacred altar of security and safety...where will this stop?
*Article IV, December 15, 1791: The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
OSHA, at that time, based its right to search without a warrant of Section 8(a) of the Occupational Safety and Health Act.
Bill refused to obey the order. He challenged the constitutionality of Section 8(a) of the OSHA Act via an empaneled three judge court.
The U.S. District Court ruled on December 30, 1976 in his favor stating that Section 8(a) 'directly offends against the prohibitions of the 4th Amendment of the Constitution of the United States of America.'
I would like to know how the government and TSA circumvented and continues to circumvent via the Patriot
Act or other instrument the original intent of the very clearly stated right established by the 4th Amendment of the Constitution of the United States of America. What Amendment (Right) are we going to loose to the sacred altar of security and safety...where will this stop?
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