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To: Hulka; All
"Airspace comes under the interstate commerce clause."

I respectfully disagree. After all, airspace hadn’t been “invented” at the time that the Constitution was drafted. So your point would be an interpolation of the Commerce Clause (1.8.3) imo, which state sovereignty-respecting justices had discouraged.

“3. The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning; where the intention is clear, there is no room for construction and no excuse for interpolation or addition.” —United States v. Sprague, 1931.

In fact, note that President James Madison had vetoed a bill for Congress to build roads and canals to support commerce. Madison had explained in the constitutionally required veto explanation that building roads and canals weren’t among Congress’s express constitutional Article I, Section 8-limited powers.

Veto of federal public works bill, 1817

20 posted on 07/13/2016 3:41:19 PM PDT by Amendment10
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To: Amendment10

So, the states would set their own airspace rules and regulations?


22 posted on 07/13/2016 3:43:24 PM PDT by Hulka
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