I don’t know how often people aim laser pointers at the cockpits of airplanes, but it is often enough that the Senate passed an amendment making it a punishable crime. The amendment passed 96-1, with only Sen. Rand Paul (R-KY) dissenting. Here’s his reasoning:
The younger Mr. Paul said he thought it was a bad idea to point lasers at pilots, but “there are a lot of states that already have laws, and I think the states ought to take care of it.”
Now, this amendment is attached to the FAA Air Transportation Modernization and Safety Improvement Act, which obviously regulates the Federal Aviation Administration. Article 1, Section 8, Clause 3 of the Constitution gives the U.S. Congress the power “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. It’s hard to think of a better example of commerce “among the several States” than domestic air flight. But Rand Paul thinks even this is a state’s rights issue.
I doubt Sen. Paul has any strong libertarian opposition to banning the pointing of lasers at the eyeballs of air pilots. He just doesn’t think the federal government has, or should have, the authority to regulate any element of air travel.
I wonder if that includes the job of screening passengers and crew for possible links to terrorist organizations. Is that a job for the Kentucky government?
At least he didn’t force a cloture vote (filibuster).
