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Here's a solution: Congress should pass a law that says state and local jurisdictions must register their anti-drone laws with the FAA in a formal way by Janua
by koboll 7y ago
Here's a solution:
Congress should pass a law that says state and local jurisdictions must register their anti-drone laws with the FAA in a formal way by January 1, 20XX otherwise they are legally unenforceable.
Then there's a guarantee that what the app gives is valid information, and it's incumbent on local governments to make sure of that, and drone users aren't liable if they don't.
- ryeights 7y agoDoes Congress have the power to do this? Genuine question. What enumerated power would this fall under?
- macintux 7y agoCongress gets away with a lot in the name of interstate commerce and the general welfare, but I think the best they could do in this instance is threaten to withhold federal funds in the absence of such registration.
- koboll 7y agoCommerce Clause. Although it certainly might be overturned by an unfriendly Supreme Court, it's sort of a gray area. A parallel might be drawn to the concealed carry reciprocity act (https://www.congress.gov/bill/116th-congress/senate-bill/69 https://www.congress.gov/bill/116th-congress/senate-bill/69) currently pending in Congress, in the sense that it would also prevent state and local jurisdictions from enforcing local regulations against individuals who met some Congressional standard (in that case, that they were registered for concealed carry in their place of residence). Constitutional scholars don't have a firm answer for that bill's constitutionality because it's sort of a unique proposed application of Commerce Clause power.
- deleted 7y ago[deleted]