CatYaaak
Well-known member
- Joined
- Jul 10, 2002
- Posts
- 809
Well, it seems you took my "correct me if I'm wrong" out of context...(you must have a law degree)...I was referring to the State of Minnesota's prosecution of the NWA pilots. Also, I understand why states can't issue seperate flying licenses, or why states can't regulate their own airspace due to the interstate commerce issues (in fact, even the FAA doesn't technically own the airspace it regulates...the military does. Essentially, it reverts to military control each, and each day they let the FAA "borrow" it for the next 24 hours). I admittedI wasn't a legal expert. I didn't say I was ignorant.~~~^~~~ said:Federal Law preempts State law. It makes no sense for the States to regulate aviation because airplanes operate across State lines. Would you like to have Florida, Georgia, Tennessee, Kentucky, Indiana, Illinois and Wisconsin Pilot's Certificates to go from Sun n Fun to Oshkosh? How about changing the definitions of airspace from State to State so you could learn the limitations of each territory for your Private license? ( Just wait until States figure out how to tax airplanes flying overhead )
A federal enactment may preempt state law either through (1) express statutory preemption; (2) implied preemption where the intent of the federal law is to occupy the field exclusively ("field preemption"); or (3) implied preemption where state and federal law actually conflict ("conflict preemption"). See Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 121 S. Ct. 2404, 2414 (2001); Crosby v. National Foreign Trade Council, 530 U.S. 363, 372-73 (2000); English v. General Elec. Co., 496 U.S. 72, 78-79 (1990). Conflict preemption may be found where the state law frustrates the purpose of the federal statutory scheme or where compliance with both the state and federal laws is physically impossible. See Crosby, 530 U.S. at 372-73; Geier v. American Honda Motor Co., Inc., 529 U.S. 861, 873 (2000); English, 496 U.S. at 79.
Local governments without aviation expertise, or training, should not try to expand their power into aviation. As pilots we should flight against this encroachment that threatens to reduce our freedom to operate aircraft and which reduces the high standards of aviation safety we enjoy in the United States under the National Transportation Safety Board and Federal Aviation Administration.
But it's nonsensical that you go on to surmise that a State prosecuting those engaged in an act (under the influence while operating an aircraft) which falls outside the legal boundaries of federally-regulated operation somehow constitutes an expansion of State power, or more laughably, that doing so would automatically LOWER the high standards of aviation safety just because two federal agencies exist to promote it. I don't think any State needs to have "trained experts in aviation" to recognize that drunk pilots (especially those engaged in common carriage) pose a threat. A State DOES have a right to protect it's citizenry/guests by defining and prosecuting what it considers a crime, even though the FBI (or FAA) exists to do the same at the national level. If it's a conflicting or arbitrary law, it can be challenged and deemed unconstitutional.
One act can be prosecuted on both levels. An armed robbery in any State carries a Federal gun law charge on top of the State-level charges for the robbery/assault itself. If the gun law carries a 5 year sentence, but the robbery a 15-year one...is prosecuting the assault considered an expansion of State's power? No.
And we're not talking about Florida coming into conflict/trying to preempt a larger scheme of Federal authority, like deciding whether Cubans are allowed to immigrate to Miami or pass a law allowing the State to deport them.
So back to the original question...was the State of Minnesota's case/prosecution of the NWA pilots found to be in conflict with the Federal Government's authority to regulate aviation? If you're talking State vs. Federal government, it would seem a precedent has already been set one way or another dealing with very issue. If you're dredging up case histories, surely you must be able to find that fairly-recent one.
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