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Lack of Law in the FAA

Old 11-28-2017, 04:39 PM
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Originally Posted by USMCFLYR View Post
The constitution gives the right to travel - not the mode/method right?
That has been the interpretation by the Supreme Court and why driving is a privilege, not a right.
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Old 11-28-2017, 06:07 PM
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Originally Posted by USMCFLYR View Post
The constitution gives the right to travel - not the mode/method right?
The Constitution doesn't give any rights. All rights are inherent and pre-date the Constitution.

The Constitution does however specifically guarantee some rights by specifically prohibiting the government from infringing on them.
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Old 11-28-2017, 06:08 PM
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Originally Posted by TommyDevito View Post
So are you advocating the abolishment of the FAA? Do we turn over standards and certification to individual states, or do we just abolish all aviation standards?
The FAA is unconstitutional.

And what is "ludicrous" is to think that standards cannot exist without government.
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Old 11-28-2017, 06:08 PM
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Originally Posted by rickair7777 View Post
Jet airliners would never exist in an anarchist society, too many things would go wrong before you progressed that far.
Who said anything about anarchy?
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Old 11-28-2017, 06:18 PM
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Originally Posted by SonicFlyer View Post
The FAA is unconstitutional.
Right. Care to cite some references for that revelation?

Originally Posted by SonicFlyer View Post
And what is "ludicrous" is to think that standards cannot exist without government.
So just how in your little utopia would you regulate this aviation thing we are involved in?
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Old 11-28-2017, 07:37 PM
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This is the third poster who has recently asserted that FAA regulation is inherently unconstitutional...or at least the third username.
Further explanation of the Commerce Clause will probably do no good.
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Old 11-29-2017, 04:07 AM
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Originally Posted by Aviationluver View Post
Hello,

I've studied the law on my own for a few years. I've never gone to law school.

Based on what I've seen and heard in regards to the FAA, I have a lot of questions because it doesn't appear as if the FAA follows the law.

For example, due process. The FAA seems to "charge" people without evidence or due process. It appears that the initiation of some type of suspension or jeopardy action comes in the form of a letter which is usually an administrative order written by an FAA attorney and not a judge. I always thought judges issued orders and not attorneys.

It appears as if you are guilty and must prove yourself innocent.

Has anyone fought the FAA or any other administrations? If so, what course of action do you use?

Also, let's say the FAA accuses you of something and your employer places you on unpaid leave pending the outcome of the FAA actions. During that time, you are losing money. Has anyone sued the FAA for loss of income if the FAA prevents you working?

Just curious.
Sounds like you studied criminal law. What exactly does that have to do with the FAA?
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Old 11-29-2017, 05:52 AM
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Originally Posted by SonicFlyer View Post
And what is "ludicrous" is to think that standards cannot exist without government.
Depends on the parties to the standards in question... lowest common denominator. Ours is too low. Any human civilization's LCD is probably too low. Unless you want try eugenics...
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Old 11-29-2017, 06:50 AM
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Originally Posted by tomgoodman View Post
This is the third poster who has recently asserted that FAA regulation is inherently unconstitutional...or at least the third username.
Further explanation of the Commerce Clause will probably do no good.
The Commerce Clause is not an expansive power delegated to the federal government. It is actually a lot more humble than people have construed it to be. The Commerce Clause, when it was written, was designed to "make commerce regular" in other words turning all of the states in to a free trade zone so that tariffs couldn't be imposed on people or goods going from Virginia to New Hampshire for instance.

The word "regulate" at the time meant "to make regular" although that meaning is lost today.
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Old 11-29-2017, 06:51 AM
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Originally Posted by TommyDevito View Post
Right. Care to cite some references for that revelation?

So just how in your little utopia would you regulate this aviation thing we are involved in?
Article 1 Sec 8 coupled with the 9th and 10th Amendments. Although a legitimate argument could be made that flying falls under admiralty law.

Regardless though, the Constitution doesn't give the federal government the authority to regulate travel in the way that it does.
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