Sen. Rand Paul (R-Ky.) after being the only senator to vote against a measure to make it a federal crime to aim a laser pointer at an aircraft: "There are a lot of states that already have laws, and I think states ought to take care of it."
By Douglas V. Gibbs
The whole lot was wrong, and Rand Paul was right.
Yes, I agree, aiming laser pointers at planes is a dangerous thing to do, and laws against such activities are a good thing. People's lives are in danger when an idiot points his laser pointer at a plane. But it is not within the authority of the federal government to pass a law on such activity. It is a State issue. Therefore, if these laws need to be in place, the States ought to get crackin'.
Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In other words, if it is not given as an authority to the federal government, and it is not prohibited to the States, it is a State authority.
No place in the U.S. Constitution (including amendments) does it give the federal government the authority to make any laws regarding personal devices. The Congress, by trying to pass a law on disallowing laser pointers to be pointed at aircraft, is acting in an unconstitutional manner. They are making a law on something they have no authority to tackle. Sure, a law like this is a good idea, I agree. But there is no place in the Constitution that gives the U.S. Congress the authority. Therefore, the responsibility for such laws, if deemed as needed by them, falls to the States.
If this is important enough to be a federal authority, then the federal government needs to ask the States if it can have the authority by proposing an amendment. That's how the system is supposed to work. The States "grant" to the federal government their powers, and are the arbiters over the federal government's authorities.
Amazing how only one Senator, Rand Paul, out of the whole lot, gets it.
Bravo, Mr. Paul. We need ninety-nine more just like you.
-- Political Pistachio Conservative News and Commentary
Rand Paul lone dissenter in laser-pointer vote - Washington Post
We call it the general welfare clause. Relevant here as public safety issue with planes travelling over state lines.
ReplyDeleteI worry when I start thinking I'm the lone brainiaic in the room- as that's when it's time to find a new room.
The intent of the General Welfare Clause was not to micromanage the lives of Americans. The clause was for the general welfare of the Republic - through common defense, commerce clause (where the federal government was supposed to act as a mediator between the states when commerce disagreements arose), and so forth. The federal government was supposed to promote state sovereignty, not regulate the States to death.
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