Lack of Law in the FAA
#12
The Constitution does however specifically guarantee some rights by specifically prohibiting the government from infringing on them.
#13
And what is "ludicrous" is to think that standards cannot exist without government.
#15
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?
So just how in your little utopia would you regulate this aviation thing we are involved in?
#16
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.
Further explanation of the Commerce Clause will probably do no good.
#17
Gets Weekends Off
Joined APC: Feb 2008
Posts: 19,226
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.
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.
#19
The word "regulate" at the time meant "to make regular" although that meaning is lost today.
#20
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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03-08-2006 06:56 PM