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Old 01-04-2018 | 03:55 PM
  #11  
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Originally Posted by JamesNoBrakes
Right, because Sally deserves to die when she books a flight, because she knows nothing about aviation and just wants to get from point A to point B. The FAA doesn't care much if you go and crash yourself into a mountain. They care if you are taking the public down with you and they have a mandate from congress to protect the flying public, which includes your mother, children, etc.
And that mandate is unconstitutional.

The government is not a good protector and a thinking man understands why.

Certification is a much better way of making things safe than is regulation. Hint, you don't need the government to make things safer.
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Old 01-04-2018 | 04:13 PM
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Originally Posted by SonicFlyer
Which happens to be unconstitutional.
Your "hobby" in interpreting law needs a lot of work. Apparently you didn't bother with High School Civics courses.

Congress enacted the laws contained within Title 49, subtitle VII. These laws were passed by congress and signed into law by the President, all in accordance of the US Constitution. From these laws the regulations were drafted that became Title 14 Aeronautics and Space. These regulations (Administrative Law) are how the federal laws are administered by the respective Presidential Cabinet appointed Secretary (In this case, the Secretary of Transportation), again in accordance with the Constitution.
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Old 01-04-2018 | 04:18 PM
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Originally Posted by SonicFlyer
And that mandate is unconstitutional.


Originally Posted by SonicFlyer
The government is not a good protector and a thinking man understands why.

Certification is a much better way of making things safe than is regulation. Hint, you don't need the government to make things safer.
But we do have regulations, and they are backed by laws which were enacted by congress under the constitution.
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Old 01-04-2018 | 07:13 PM
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Originally Posted by TommyDevito
Your "hobby" in interpreting law needs a lot of work. Apparently you didn't bother with High School Civics courses.

Congress enacted the laws contained within Title 49, subtitle VII. These laws were passed by congress and signed into law by the President, all in accordance of the US Constitution. From these laws the regulations were drafted that became Title 14 Aeronautics and Space. These regulations (Administrative Law) are how the federal laws are administered by the respective Presidential Cabinet appointed Secretary (In this case, the Secretary of Transportation), again in accordance with the Constitution.
Except you missed the part where the Constitution doesn't authorize any of it. Just because Congress passes a law and the President signs it doesn't make that law Constitutional.
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Old 01-04-2018 | 09:22 PM
  #15  
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Originally Posted by SonicFlyer
Except you missed the part where the Constitution doesn't authorize any of it. Just because Congress passes a law and the President signs it doesn't make that law Constitutional.
Such laws, passed and signed, always carry the presumption of Constitutionality until such time as the Supreme Court says otherwise.
Anyone can argue that something should be found unconstitutional, but the burden of proof lies upon them, and a grant of certiorari, let alone a successful challenge, is unlikely.
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Old 01-05-2018 | 04:56 AM
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Originally Posted by tomgoodman
Such laws, passed and signed, always carry the presumption of Constitutionality until such time as the Supreme Court says otherwise.
That's actually not correct, and it assumes that Congress is infallible (ha). And the SCOTUS is not the final arbiter of what is and what is not Constitutional.
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Old 01-05-2018 | 04:58 AM
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Originally Posted by tomgoodman
Such laws, passed and signed, always carry the presumption of Constitutionality until such time as the Supreme Court says otherwise.
Anyone can argue that something should be found unconstitutional, but the burden of proof lies upon them, and a grant of certiorari, let alone a successful challenge, is unlikely.
Exactly Tom, well stated!
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Old 01-05-2018 | 05:01 AM
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Originally Posted by SonicFlyer
That's actually not correct, and it assumes that Congress is infallible (ha). And the SCOTUS is not the final arbiter of what is and what is not Constitutional.
You're going around in circles with an argument without merit.
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Old 01-05-2018 | 07:27 AM
  #19  
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“We are not final because we are infallible, but we are infallible only because we are final.”

—Justice Robert Jackson
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Old 01-05-2018 | 12:37 PM
  #20  
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Originally Posted by SonicFlyer
That's actually not correct, and it assumes that Congress is infallible (ha). And the SCOTUS is not the final arbiter of what is and what is not Constitutional.
Thanks for the laughs!
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