Airport Security: Over-Reaching New Heights

Abstract

The tragedy that occurred on September 11, 2001 changed airline security forever. Post 9/11, Congress gave the Department of Homeland Security vast power over passengers. This article seeks to examine whether the new airline security procedures are overly invasive, legal, or even effective. If the current system is ineffective or unconstitutional, an alternative must be sought. The Supreme Court has held that searches are required to be no more extensive or invasive than needed to protect security. This article posits that if new airline security measures are not conducted in a manner that respects the privacy and constitutional rights of passengers, they must be replaced with an alternative, such as behavioral profiling. In modern society, it is paramount that we heed the warning of Benjamin Franklin, "those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety."