New Jersey Legislature Ran Out of Time Before They Could Smack Pilots

New Jersey pilots have won a reprieve from a proposed background check law when state senators adjourned without ever taking the measure up. AOPA representatives in Trenton lobbied hard to convince the state senate's leadership not to bring the bill up for a vote; and AOPA urged its New Jersey members to contact their representatives and senators and urge them to oppose the bill.

At least one senator acknowledged rethinking his position after hearing from constituents.

"The federal government must be allowed to set a uniform standard for pilot qualifications without interference from the states if we're to have a truly national air transportation system," said AOPA Senior Vice President for Government and Technical Affairs Andy Cebula.

"New Jersey can't set one standard and Michigan another."

Senators spent all night trying to resolve the state's budget impasse and never took up the background check bill, in effect holding it until they return for a lame-duck session following elections in November.

"That's good news for pilots," said Cebula.

"It gives AOPA and our members all summer to convince the senators that the background check would be bad law, since it would violate the supremacy clause of the U.S. Constitution."*

AOPA representatives plan to make good use of the time, explaining to the senators all the steps the federal government has taken since the September 11 terrorist attacks to enhance general aviation security, making the proposed New Jersey law unnecessary as well as unconstitutional.

AOPA is determined not to let the bill become law.

"AOPA took Michigan to federal court over its pilot criminal background check law and is fully prepared to do the same if New Jersey ultimately adopts this bill," Cebula said.

*[Editor's note] Since Independence Day is near, we thought you'd  be able to bear some background: The part of Article VI to which Mr Cebula refers reads, "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." Note that it asserts supremacy only in cases where the federal law in question is, itself, constitutional. There is growing literature starting to question whether Congress must, as the Constitution says, make the laws; or whether it can delegate its authority to other bodies, such as the FAA (and the dozens of other agencies). The intent was to keep Congress focused on what was important enough to write law about -- not to allow Congress to erect "a multitude of New Offices, and sen[d] hither swarms of Officers to harass our people, and eat out their substance," cited as a justification for revolution in the Declaration of Independence.

FMI: Declaration of Independence; Constitution of the United States