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.
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.