"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Also, if the states should ever expressly constitutionally give the feds the specific power to regulate peacetime aircraft and drones, regulations need to be made by elected members of Congress, not non-elected bureaucrats that voters cannot vote out of office, bureaucrats effectively weakening voting power.
Insights welcome.
I would say that the FAA is very solidly within the founders intent of the interstate commerce clause and not an abuse of that clause as is normal.
And I say that as no friend of the FAA.
And though I have zero doubt that this was simply because they don’t like the photos coming out, the FAA will argue that this TFR is because it is a bit over a mile laterally from the 1 mile short final approach to Del Rio International Airport.
We all know why they did it. But that is how the FAA will defend it. Probably successfully.