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To: robertpaulsen
Do you think it was Madison's intention to let each state regulate airline traffic within the state such that they flew at their own state-designated altitudes, on their own frequencies, their own traffic patterns ... despite the fact that the federal government was regulating interstate airline traffic? Ditto for the assignment of TV, radio, cellular, and other frequencies?

I think Madison's intention would probably have been that, as such technologies developed, the Constitution would be amended so as to give the government the powers necessary to manage them effectively.

Suppose every new technology that really required new federal powers required a constitutional amendment. How many amendments would that be? A dozen or so? Seems far better than having courts make up the rules as they go along.

455 posted on 11/01/2005 5:34:17 PM PST by supercat (Don't fix blame--FIX THE PROBLEM.)
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To: supercat
"I think Madison's intention would probably have been that, as such technologies developed, the Constitution would be amended so as to give the government the powers necessary to manage them effectively."

The wording of the Commerce Clause is sufficiently vague to allow the regulation of ship navigation, railroads, or jet airplanes. Maybe you see some major difference which requires a constitutional amendment -- I don't.

Whether the power is contained within the Commerce Clause or some amendment, let's not lose sight of the issue. Madison did not intend that the states be allowed to undermine and subvert a constitutional Congressional regulatory effort.

486 posted on 11/02/2005 7:03:27 AM PST by robertpaulsen
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