3 ms·

I think you could make the argument that such regulation falls under the commerce clause as interstate commerce.

bobthepanda 3y ago
Flying between states is a pretty clear cut type of interstate commerce. There is also the bit about regulating transport for post. It doesn’t literally explicitly contain regulations regarding air travel, because it did not exist in the 1700s.
- phpisthebest 3y ago
  >>It doesn’t literally explicitly contain regulations regarding air travel, because it did not exist in the 1700s. If only the founders would have thought of that problem and included a method for which the constitution could be amended to grant additional powers to the federal government should the people and the states desire it... But no it is easier to just invent new powers by continual reinterpretation of the documents than actually amending the document as required
  - bobthepanda 3y ago
    I mean if you don't want to be federally regulated for air travel, you can just fly intrastate. Southwest famously operated like this in the pre-deregulation era and became the poster child for federal airline deregulation. Though I don't think anyone is dumb enough to risk reputational suicide by flying a grounded plane intrastate.
phpisthebest 3y ago
Yes that giant truck hole opened by Wickard that has become a catch all that means the federal government can regulated anything However the actual wording is "to Regulate Commerce with foreign Nations, and among the several States", the original intent to was to give power to congress to regulate how commerce is conducted between the states, i.e prevent the coastal states from having tariffs against the internal states, and prevent the internal states from having export taxes on gains, etc etc etc The original intent was not to allow the congress regulate individual commercial transactions by citizens that happen to cross state lines.

Flying between states is a pretty clear cut type of interstate commerce. There is also the bit about regulating transport for post. It doesn’t literally explicitly contain regulations regarding air travel, because it did not exist in the 1700s.

phpisthebest 3y ago
>>It doesn’t literally explicitly contain regulations regarding air travel, because it did not exist in the 1700s. If only the founders would have thought of that problem and included a method for which the constitution could be amended to grant additional powers to the federal government should the people and the states desire it... But no it is easier to just invent new powers by continual reinterpretation of the documents than actually amending the document as required
- bobthepanda 3y ago
  I mean if you don't want to be federally regulated for air travel, you can just fly intrastate. Southwest famously operated like this in the pre-deregulation era and became the poster child for federal airline deregulation. Though I don't think anyone is dumb enough to risk reputational suicide by flying a grounded plane intrastate.

phpisthebest 3y ago

Yes that giant truck hole opened by Wickard that has become a catch all that means the federal government can regulated anything However the actual wording is "to Regulate Commerce with foreign Nations, and among the several States", the original intent to was to give power to congress to regulate how commerce is conducted between the states, i.e prevent the coastal states from having tariffs against the internal states, and prevent the internal states from having export taxes on gains, etc etc etc The original intent was not to allow the congress regulate individual commercial transactions by citizens that happen to cross state lines.