49 USC 114 is the power of the TSA Administrator to issue emergency security directives. It has nothing to do with foreign carriers.
The TSA has no more authority as any other agency. They can't make law and their rule making authority is a strictly regulated as is any other agency. They have ZERO authority over We The People.
OK, dude. And the 16th Amendment isn't legal. Gotcha.
Are you seeing OSHA's mandate go up in flames? Are you seeing the process? Biden wanted a mandate, so he used the ETS rules to push a mandate through OSHA. The ETS rules were a way to get a mandate and avoid all the required congressional oversight, all the required public comments, all the required industry input, and everything else that goes into rule making.
The TSA and the FAA, and every other fucking agency in existence has the same basic requirements to create a rule and push it on the industry that they regulate, which has never included "We the people". They can't just make shit up and demand Americans obey. And they don't. OSHA, unlike the other agencies, has ETS rules to get regulations out quickly when they discover a work hazard. That's why Biden used OSHA versus any other agency.
But we are seeing, in real time, that using the ETS rules the way Biden did was an overstep. If the rule is considered "a major rule" impacting the industry nationwide, then any rule must be clearly authorized by Congress, and jab mandates aren't clearly authorized by congress, so the courts are easily and predictably BTFO'ing Biden's jab mandate implemented through OSHA.
TSA doesn't even have ETS standards. TSA does have some extra authority in a national emergency, which this is, but they do not have the authority to mandate a blatantly ineffective and potentially dangerous standard on we the people or the airline industry without congressional legislation. Has Congress passed a mask mandate for any activity in the US? No. So the TSA has no authority to force one us or the industry. Neither does the FAA.
What they can and are doing, is exerting, under color of law, an authority the don't have so that the industry that they regulate will impose the desired mandate on their customers, contractors and employees. Just like OSHA did.
OSHA is being struck down because people and companies are challenging the mandate in court and winning. TSA is getting away with it, because plane loads of people are telling the only reasonable passenger on the fucking plane to leave or put on a mask instead of backing her play. The government won't do shit if delta simply stops mandating masks.
As long as the cattle want to be cattle, they'll be treated like cattle, and it stops the moment they refuse to comply and stop giving authoritarian businesses their money. When I walk into a store and they tell me to put on a mask, I leave. They want me money? They will respect me.
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