Real bill currently in Congress  c/o  HR/119/9225

To require the Administrator of the Federal Aviation Administration to conduct a study to assess whether certain aircraft certified under part 23 of title 14, Code of Federal Regulations, may be used in operations conducted under part 121 of such title, and for other purposes.

Policy area: Transportation and Public Works ▲ 42 days since action Sponsor: Tracey Mann, KS-01, R → Congress.gov

Latest action (2026-06-09): Referred to the House Committee on Transportation and Infrastructure.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Synthesis

The bill, which directs a study on aircraft certification and operations, is permissible as an exercise of Congress's commerce power under Article I, Section 8, Clause 3, and the Necessary and Proper Clause under Article I, Section 8, Clause 18, provided that the study remains purely informational and does not lead to binding regulations that infringe upon state powers or individual liberties as protected by the Tenth and Ninth Amendments.

Hamilton YES

The bill directs the Administrator of the Federal Aviation Administration to conduct a study on aircraft certification and operations, which falls squarely within the federal power to regulate interstate and foreign commerce under Article I, Section 8, Clause 3. Additionally, the Necessary and Proper Clause (Article I, Section 8, Clause 18) authorizes Congress to enact laws that are necessary to execute its enumerated powers, and this study is a proper means of informing future regulation of air commerce. As argued in Federalist No. 23, the federal government must have the means to execute its…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Federalist No. 23
Jefferson CONDITIONAL

The Constitution grants Congress the power to regulate interstate commerce, including aviation safety, under Article I, Section 8, Clause 3. However, the Tenth Amendment reserves to the states and the people all powers not expressly delegated to the federal government. A mere study, without coercive regulation, may fall within federal authority if it is necessary and proper to execute a delegated power. Yet, if the study leads to mandates that infringe upon the rights of aircraft owners or operators without clear constitutional warrant, it would be an overreach. I would condition approval on t…

Article I, Section 8, Clause 3 Amendment X
Madison YES

This proposed action merely directs a study by an executive agency (the Administrator of the Federal Aviation Administration) within the scope of its delegated authority. The Constitution grants Congress the power to regulate commerce with foreign nations and among the several states (Article I, Section 8, Clause 3), which encompasses aviation safety and operational rules. The requirement of a study is a permissible exercise of Congress's investigative and informing function, and does not exceed any enumerated power. No interference with state powers or individual rights is evident. Federalist…

Article I, Section 8, Clause 3 (Commerce Clause) Federalist No. 45 (Madison)
Marshall YES

This bill proposes a study by the Federal Aviation Administration, an executive agency, to assess aircraft certification standards. The Constitution vests in Congress the power to regulate commerce among the several states (Article I, Section 8, Clause 3), and the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers (Article I, Section 8, Clause 18). The regulation of aviation, as a form of interstate commerce, falls squarely within this authority. The bill does not command any unconstitutional action; it merely directs an executive office…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

← Back to the Republic