Article on Flight Shaming and Carbon Emission
#101
Gets Weekends Off
Joined: Jul 2013
Posts: 12,533
Likes: 1,129
Thank God you are here to point out how the government has been violating the Constitution for the last 2 centuries. I'm sure there aren't any Supreme Court rulings related to it. Guess you better get your buddies together and overthrow the government.
#102
Have YOU ever heard of the Air Commerce Act and the Necessary and Proper Clause? Might want to give McCulloch vs. Maryland a read which gives the Supreme Court’s interpretation of the clause.
Further there is case law of which the name deceives me at the moment (United States vs. Cosby, maybe?), that establishes that land owners do not own the airspace above their property “to the heavens” (making it Federal airspace to be overseen by a federal regulatory body). To be fair, the case law further stated that the government could not seize to ground level without compensation.
Further there is case law of which the name deceives me at the moment (United States vs. Cosby, maybe?), that establishes that land owners do not own the airspace above their property “to the heavens” (making it Federal airspace to be overseen by a federal regulatory body). To be fair, the case law further stated that the government could not seize to ground level without compensation.
#103
Prime Minister/Moderator

Joined: Jan 2006
Posts: 45,131
Likes: 797
From: Engines Turn or People Swim
Sure. I paraphrased them a few posts back.
The ELECTED government is generally considered to be expressing the will of the people when it does stuff not specified in the constitution. As long as it's not in violation of said constitution.
The ELECTED government is generally considered to be expressing the will of the people when it does stuff not specified in the constitution. As long as it's not in violation of said constitution.
#106
Banned
Joined: Apr 2017
Posts: 4,208
Likes: 7
Doesn't matter what SCOTUS rules if they rule in violation to the Constitution. They are not infallible.
#107
Banned
Joined: Apr 2017
Posts: 4,208
Likes: 7
Further there is case law of which the name deceives me at the moment (United States vs. Cosby, maybe?), that establishes that land owners do not own the airspace above their property “to the heavens” (making it Federal airspace to be overseen by a federal regulatory body). To be fair, the case law further stated that the government could not seize to ground level without compensation.
#108
Banned
Joined: Apr 2017
Posts: 4,208
Likes: 7
So if it isn't one of the powers granted to the federal governments by the state governments listed in Art I, Sec 8, then it is by default unconstitutional.
#109
Prime Minister/Moderator

Joined: Jan 2006
Posts: 45,131
Likes: 797
From: Engines Turn or People Swim
Except that the 9th and 10th Amendments specifically say that unless a specific action is enumerated in the Constitution, then the federal government isn't allowed to do it.
So if it isn't one of the powers granted to the federal governments by the state governments listed in Art I, Sec 8, then it is by default unconstitutional.
So if it isn't one of the powers granted to the federal governments by the state governments listed in Art I, Sec 8, then it is by default unconstitutional.



