On Tue, 17 May 2005 18:22:34 -0400, Ron Natalie
wrote in : :

Unfortunately, the government takes the commerce clause as justifying
"delegated to the US."

Given the definition of the word 'commerce":

Main Entry: commerce
Pronunciation:*k*-(*)m*rs
Function:noun
Etymology:Middle French, from Latin commercium, from com- + merc-,
merx merchandise
Date:1537

1 : social intercourse : interchange of ideas, opinions, or
sentiments
2 : the exchange or buying and selling of commodities on a large
scale involving transportation from place to place
3 : SEXUAL INTERCOURSE
synonyms see BUSINESS

How does the government justify such a position in the case of
recreational flyers?

Are you able to provide any information detailing the government's
revoking a citizen's _right_ to fly? Such a right seems to be
confirmed by the this act:



Federal Aviation Act of 1958:

PUBLIC RIGHT OF TRANSIT

Sec. 104 [49 U. S. Code 1304]. There is hereby recognized and
declared to exist in behalf of any citizen of the United States a
public right of freedom of transit through the navigable airspace
of the United States.

Source: Sec. 3, Civil Aeronautics Act of 1938.

Note that Sec. 104 does not grant the right to fly, it simply
recognizes that it exists. None of our rights are granted by the
government, we simply have them. Now, there are certainly rules
to be followed, but those rules don't take away from your rights,
they protect the rights of others.

You have a right to fly, it is not a privilege. If you meet all
the requirements, you cannot be denied an airman's certificate,
you have a right to it.


However, it seems the Law Judge sees it otherwise:

From: "Rick Cremer"
Newsgroups: rec.aviation.piloting
Subject: Arrrgghhh!! FAA strikes again...
Date: Thu, 25 Jan 2001 15:02:45 -0500
Message-ID:

[...]
NTSB Hearing Order EA-4232; Docket SE-13136. Here is [sic] the
pertinent parts of that Law Judge's finding:

The FAA is charged with being sure that it fulfills its mission to
the public and that is keeping the airways and aircraft that use
these airways safe. Flying is a privilege, it is not a right and
all airmen are charged with discharging their duties in a highly
conscientious, responsible and prudent manner and at all times.
[...]