[robertpaulsen]

"but RP, you seem to be suggesting that neither of the first two categories of activity would allow the feds to regulate aviation, and they must resort to the third category."

Well, first off, you've lumped everything together under "regulate aviation" and that needs to be broken into two sections.

Congress (via the FAA) regulates interstate aviation using their power to regulate the channels of interstate commerce. Congress (via the FAA) regulates intrastate aviation using their power to regulate those activities having a substantial relation to interstate commerce.

If a private pilot, flying intrastate, does not have a substantial relation (affect) on interstate commerce (ie., flying outside of controlled airspace), Congress (via the FAA) has no power to regulate those activities.

[tacticalogic]

Congress (via the FAA) regulates intrastate aviation using their power to regulate those activities having a substantial relation to interstate commerce.

Don't forget the part about "or could conceivably have if everyone did it".

[publiusF27]

If a private pilot, flying intrastate, does not have a substantial relation (affect) on interstate commerce (ie., flying outside of controlled airspace), Congress (via the FAA) has no power to regulate those activities.

Why not? The first two categories can't reach intrastate activity? Rhenquist said the second one could.

Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities.

Are you saying the first category (channels of commerce) can't reach intrastate activity?