http://www.art-machine.org/states-rights/ Just another former infatuation junkie Fri, 21 Nov 2008 18:19:48 +0000 http://wordpress.org/?v=2.6.3 http://www.art-machine.org/states-rights/#comment-986 Stefan Patejak Thu, 30 Oct 2008 17:01:46 +0000 http://www.art-machine.org/states-rights/#comment-986 Interesting article, but I would add two points. The southern states insisted that the free states enforce the fugitive slave law. Several free state governments argued this was a violation of their state's rights. Civil aviation has been under the control of the federal government since 1926. Some years ago, some state in the Midwest put a policeman on a long distance flight. When the plane flew over that state, the policeman attempted to arrest a flight attendant for serving alcohol in violation of that state's laws. The courts threw the case out as violating a federal mandate. To have each state control it's own airspace would lead to chaos. It would be interesting to know what the founders would make of this problem. Of course, you would first have to explain what an airplane is, how the air traffic control system works, etc. (This is on of the big problems of originalism and strict construction.) Interesting article, but I would add two points. The southern states insisted that the free states enforce the fugitive slave law. Several free state governments argued this was a violation of their state’s rights. Civil aviation has been under the control of the federal government since 1926. Some years ago, some state in the Midwest put a policeman on a long distance flight. When the plane flew over that state, the policeman attempted to arrest a flight attendant for serving alcohol in violation of that state’s laws. The courts threw the case out as violating a federal mandate. To have each state control it’s own airspace would lead to chaos. It would be interesting to know what the founders would make of this problem. Of course, you would first have to explain what an airplane is, how the air traffic control system works, etc. (This is on of the big problems of originalism and strict construction.)

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