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Disclaimer: The information contained in this site is not legal advice and is intended for educational purposes only. At this time, donations are not tax-deductible.

Law of the Land

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

The Ninth Amendment to the Constitution of the Unites States

The Federal Aviation Act (The Act) did not grant us the right, but rather “recognized and declared to exist” a public right of transit. United States citizens exercise that right in one of two ways; either transit the airspace by piloting aircraft or rely on qualified pilots to provide that service.

In our Republic, The People hold the power. The power is vested in Congress which makes law. Congress passed The Act which created the Federal Aviation Administration. (FAA) With safety of flight as its prime directive, the FAA enacts rules and regulations to protect and promote aviation interests of the citizens. Safety is written 43 times in The Act. This is not a civics lesson, it is meant to conclude that, the FAA, vests the authority vested in it by The People in the pilot. By issuing pilot and medical certificates, the FAA announces that it has done so.

In our Constitutional Republic, there exists the necessity of protecting the rights of all The People without trampling on the rights of one single individual. It is a delicate balance that requires some fine tuning. There are established relationships that make it possible for The People to enjoy their right.

Article I, Section 10, Clause 1 of the constitution states:

“No State shall enter into any Treaty, Alliance, or Confederation, grant Letters of Marque and …pass any Bill of Attainder, ex post facto law, or Law impairing the Obligations of Contracts, or grant any Title of Nobility.”

The right to contract without impairment is yet another factor that plays a major role in the events of late 2019 through mid 2023.

The information above forms the foundation of a relationship that every commercial pilot, and specifically airline pilots, should consider to better understand what we are engaged in.