What's the "(Hoo boy)" comment for? Had a court ruled that Congress did not have such authority, do you really think there would have been a problem with passing a Constitutional amendment to rectify the situation?
Because you're looking for something in the Constitution that gives Congress the authority over airspace and airwaves, and I said that wording wasn't there, so I guess that means Congress can't do it, huh?
Never mind that Chief Justice (and Founding Father) John Marshall ruled in Gibbons v. Ogden, 22 U.S. 1 (1824) that navigation in coastal waters was commerce and could be regulated by Congress. I'm sure he meant to restrict his ruling to water navigation ... not air, or rail, or road, or internet.
THAT'S the reason for the "Hoo boy". .