New Space Force language would give it the power to take over all commercial space assets
A new draft outlining the powers of the Space Force would give it the right to shut down all commercial space activities during any government declared emergency, giving it exclusive control over all space assets, whether built or owned by the government or private companies.
The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.”
According the draft, the government would also not be required to cover any losses to the companies. In other words, in clear violation of the fifth amendment to the Constitution forbidding the taking of any private property without just compensation, this draft regulation would allow the military to do exactly that. And it won’t require a war, merely a declared emergency, similar to the unjustified emergency declared when COVID arrived.
At this time the draft language has only been issued for industry comment. I suspect the entire space industry will oppose it strenuously. I also expect the government to yield reluctantly, using its financial power to issue major contracts as a wedge to garner some industry compromises.
The result, as with the FCC and the FAA in the two stories below, will be a more powerful administrative state in DC, wielding power the Constitution expressly forbids it to wield.
A new draft outlining the powers of the Space Force would give it the right to shut down all commercial space activities during any government declared emergency, giving it exclusive control over all space assets, whether built or owned by the government or private companies.
The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.”
According the draft, the government would also not be required to cover any losses to the companies. In other words, in clear violation of the fifth amendment to the Constitution forbidding the taking of any private property without just compensation, this draft regulation would allow the military to do exactly that. And it won’t require a war, merely a declared emergency, similar to the unjustified emergency declared when COVID arrived.
At this time the draft language has only been issued for industry comment. I suspect the entire space industry will oppose it strenuously. I also expect the government to yield reluctantly, using its financial power to issue major contracts as a wedge to garner some industry compromises.
The result, as with the FCC and the FAA in the two stories below, will be a more powerful administrative state in DC, wielding power the Constitution expressly forbids it to wield.