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Re:FAA orders grounding of more than 170 Boeing 737 Max 9s by sircastor on Saturday January 06, 2024 @07:34PM (#38897097)
I think you could make the argument that such regulation falls under the commerce clause as interstate commerce.
Re:FAA orders grounding of more than 170 Boeing 737 Max 9s by bobthepanda on Saturday January 06, 2024 @07:41PM (#38897136)
Flying between states is a pretty clear cut type of interstate commerce. There is also the bit about regulating transport for post.

It doesn’t literally explicitly contain regulations regarding air travel, because it did not exist in the 1700s.

Re:FAA orders grounding of more than 170 Boeing 737 Max 9s by phpisthebest on Saturday January 06, 2024 @07:56PM (#38897236)
>>It doesn’t literally explicitly contain regulations regarding air travel, because it did not exist in the 1700s.

If only the founders would have thought of that problem and included a method for which the constitution could be amended to grant additional powers to the federal government should the people and the states desire it...

But no it is easier to just invent new powers by continual reinterpretation of the documents than actually amending the document as required

Re:FAA orders grounding of more than 170 Boeing 737 Max 9s by bobthepanda on Saturday January 06, 2024 @09:12PM (#38897709)
I mean if you don't want to be federally regulated for air travel, you can just fly intrastate. Southwest famously operated like this in the pre-deregulation era and became the poster child for federal airline deregulation. Though I don't think anyone is dumb enough to risk reputational suicide by flying a grounded plane intrastate.
Re:FAA orders grounding of more than 170 Boeing 737 Max 9s by phpisthebest on Saturday January 06, 2024 @08:00PM (#38897265)
Yes that giant truck hole opened by Wickard that has become a catch all that means the federal government can regulated anything

However the actual wording is "to Regulate Commerce with foreign Nations, and among the several States", the original intent to was to give power to congress to regulate how commerce is conducted between the states, i.e prevent the coastal states from having tariffs against the internal states, and prevent the internal states from having export taxes on gains, etc etc etc

The original intent was not to allow the congress regulate individual commercial transactions by citizens that happen to cross state lines.