I'll call BS on that. The items that TSA won't allow past the checkpoint fall into two categories: prohibited and illegal. TSA screeners may offer you the options you list for the items classified as "prohibited" (my experience and the experiences that have been related to me reflect that they don't--probably too much hassle), but, for illegal items, they will definitely remove the item from your possession and call the local cops. I call that confiscation.
For example, if you bring a gun to the checkpoint, even though it would have been lawful to check it (following the appropriate restrictions on how to check it), they will take the gun and not give you the chance to check it. Also, local cops will take whatever action the local and State laws allow.
On the nail clippers: At one point in time, they were prohibited. Since the OP did not indicate when this happened, it could have happened when they were prohibited. Furthermore, it is highly believable that, were a person to be prevented from carrying clippers past the checkpoint, that the screener would not mention the options of checking or mailing the clippers. It is also possible that, even if the options were mentioned, the reaction would be, "You're kidding, right? I have to go through that hassle to keep my nail clippers???"
Asked the next day, the owner of the clippers will reasonably say, "The TSA screener took [or confiscated] my clippers." Even the TSA recognizes that that is exactly how the public would reasonably perceive such an event.
That being said, I believe the story to be BS--just for reasons other than you give.
How many other Liberties are you willing to part with under the excuse that "If you want the Liberty to do something, you must consent to give up an enumerated right"?
This fails the Franklin Test on two counts: Our right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" is an essential Liberty. And we gain no security (not even temporary) from invasive searches, so-called "screenings." These security measures have not stopped any terrorists yet (good intel and dumb luck have), and terrorists simply adjust their methods (heard of butt bombs?) every time the TSA jacks up the way it jacks up law abiding citizens. As with gun laws, the searches and seizures only work against the good guys, not their purported targets.
As I said before, the TSA doesn't confiscate anything. The TSA SOP doesn't use the word "illegal". Items fall under two categories, prohibited and not prohibited. Certain items are given exemptions (i.e. liquid prescription medication and milk for a baby). If you were to attempt to pass through a security checkpoint with a prohibited item (i.e. a weapon such as a knife or gun) the item is held in the X-Ray tunnel until law enforcement arrives. TSA employees are not allowed to physically handle certain prohibited items like firearms. This is not confiscation. The TSA does administrative searches on all accessible property. At the moment it's placed on the x-ray belt you have given consent for this property to be searched. Until the item is considered cleared by TSA you may not have it back. The ATSA (aviation transportation security act) makes this clear.
Since 9/11 there has not been one successful attempt to detonate an IED on an aircraft that left the ground on American soil. In the attempts since 9/11 all of the IED's that made it onto aircraft were because of other countries inferior screening and technology. There are no cases of ANY IED's making it onto aircraft which were in the United States by TSA PERIOD. The underwear bomber Umar Farouk Abdulmutallab's flight 253 departed Amsterdam and was to arrive in Detroit. This is due to the lack of the screening that actually took place in Yemen which is where he departed from before arriving to Amsterdam. While in Amsterdam Umar Farouk Abdulmutallab never left the sterile area of the airport so it was not necessary for him to go through screening again.
Richard Reid the shoe bomber on flight 63 was in route to Miami from Paris France.. Yet again not screened by TSA.
On July 4th, 2002, the second most deadly aviation related terrorist incident occurred. Hesham Mohamed Hadayet walked into LAX and shot two israili's at the El Al ticket counter. A private El Al Security guard shot him.
Other than this, no other terrorist events have occurred inside the United States involving aviation. You're right.. TSA screening hasn't actually stopped a terrorist attack. To give you an idea of what apart of what TSA does.. It's about 75% security theater and 25% security. Then again, all security has a level of "security theater"..
This is possible that the nail clippers were handled that way.. I wasn't there to witness the incident. It is unlikely as it is protocol to ALWAYS give the passenger their options when prohibited items are discovered. TSA is there to insure the free movement of people and commerce, not to steal your cosmetic items. Trust me.. they get tired of people not reading the signs that you payed for to put up all over the checkpoint.
I also understand you not wanting to give up liberties.. but if you wish to allow your mother and spouse to board a plane that's not had it's passengers screened then be my guest.. I'm keeping myself and my family far away from that aircraft.
The attempted assassination of the Saudi Prince by the AQAP terrorist that you believe to be a "butt bomb" was actually determined by the Saudi Government to be an underwear bomb. Just so you know, Umar Farouk Abdulmutallab also had close ties to the AQAP.
A quick rundown on IED's and the human body for you...
Explosive material is highly hazardous and in some cases can cause chemical burns or even open sores on the body. It's very toxic to human organs and skin. The Human body also absorbs explosions very well. The human body is mostly made of water as you probably know, making it very "fluid" like when it receives a large shock. To take down an aircraft, a well placed low explosive could be used. This would take approximately 350ML if placed in the right area of the aircraft. When the attempt on the Saudi Prince was attempted, he was standing right next to the assassin and still recieved little to no affect. If it wont affect someone standing next to you it's highly unlikely to puncture the skin of an aircraft and his IED was in his underwear.
Is a cavity bomb possible? Yes.. Is it possible by putting enough high explosive inside an anal cavity? Maybe.. The thing is that smaller terrorist groups don't have the means and the funding to get a hold of military grade high explosives or the facilities to do the proper surgery to put these things inside the body.
An IED consists of 4 parts.
A power source, an initiator, an explosive and a switch or timer.
Commonly used materials by Al Qaeda and other groups of similar size include things like TATP, PETN, Nitroglycerin.. These things can be refined and made in your kitchen with the right know how.
Any battery could work depending on the type of initiator.. a GE Flash bulb works great with a 9 volt.
And a switch can be bought at walmart even.. or maybe a cellular phone could be modified or possibly just a modified wrist watch. Again, easy to do with the right know how.
]Even though the administrative searches that TSA does falls under the 4th ammendment it's not the same type of search that a LEO conducts. A LEO must have probable cause to search your property. When you attempt to enter the sterile area of an airport you havent given anyone probable cause, you have given consent to be searched by the terms and conditions of TSA's passenger screening. Again as I said in my last post this is Optional and Voluntary!
As written on lawyers.com "
an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usu. to enforce compliance with regulations or laws pertaining to health, safety, or security <one of the fundamental principles of administrative searches is that the government may not use an administrative inspection scheme as a pretext to search for evidence of criminal violations
