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Old Apr 30, 2011 | 8:50 am
  #11  
Affection
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Join Date: Sep 2007
Posts: 436
No, but I can point out case law where the Supreme Court allowed the feds to use the interstate commerce as an excuse to legislate to hotel owners (because people who drive interstate use hotels, right?), and legislate farmers as to whether or not they may eat their own grain (because it might affect the price of grain all over the country -- no joke!).

In the courts, all aviation falls directly within the jurisdiction of the feds. You may not agree that the Constitution allows for it (and I can't blame you), but that's how it is.

That said, states are allowed to define their own criminal laws, and I see TX's bill as surviving a challenge.

Originally Posted by mre5765
Would you point out the clause in the constitution that gives the feds jurisdiction over intra-state aviation?
--Jon
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