Originally Posted by
rickair7777
In some cases these can be limited by existing federal law, due to federal preeminence, particularly in anything related to the regulation of interstate commerce. A state law requiring that an airline pilot hold say an "Illinois ATP" requiring 3000 TT in order to fly airliners in and out of that state would not hold up.
I'm not sure about state "double jeopardy" for things which also carry federal criminal sanctions for the same exact same crime. NGD?
Double jeopardy doesn't apply to criminal prosecution on both the state and federal level. Look for example at some of the federal prosecutions for police misconduct after a state jury acquitted. Or the prosecution of the OK City bombers under both federal and Oklahoma state law (pretty likely in the Boston Marathon bombing as wel).
It's a bit more complicated but essentially the general analysis is that (1) the double jeopardy prohibition doesn't prohibit successive prosecution for different crimes (2) even if they allege the same set of facts, a state crime is different from a federal one.
On the federal pre-emption, agree that an "Illinois ATP" and a state-specific time requirement would likely be found to be precluded. But state laws that require compliance with federal requirements might not. There are a variety of state laws dealing with aviation activities. Some have been upheld, others knocked down and still others not tested.