The Constitution Alteration (Aviation) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to air navigation and aircraft. It was put to voters for approval in a referendum held on 6 March 1937. Question Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Aviation) 1936'? The proposal was to alter section 51 of the Constitution by adding (vi.A.) Air navigation and aircraft. Background Aviation was a subject that did not exist when the Constitution was drafted at the end of the 19th century. In 1919, Australia had entered into the Convention Relating to the Regulation of Aerial Navigation, and parliament enacted the Aircraft Navigation Act 1920, which authorised the Governor-General to make regulations to give effect to the Convention. Mr Henry was convicted of flying without a license, having flown around, over and under the Sydney Harbour Bridge. The Commonwealth relied upon 3 sources of constitutional power, interstate trade and commerce, foreign affairs and territories. The High Court held in R v Burgess; Ex parte Henry that the parliament has no general control over the subject matter of civil aviation and that implementation of the convention did not require the Commonwealth to control civil aviation. The court rejected an argument that the interstate trade and commerce power extended to activities that were commingled with interstate activities. The regulations were invalid as they went further than was necessary to carry out and give effect to the convention. The regulations were amended so they implemented the convention for aviation within a state. A 22 page booklet was prepared setting out the arguments in favour of the proposal and those against that were endorsed by a majority of members of parliament who voted for and against the proposal. Yes case The argument in favor of the amendments was prepared by the Attorney-General Robert Menzies. The Sun summarised the yes case as follows:The object is to amend the Constitution to confer upon the Commonwealth Parliament the power to make laws regarding air navigation and aircraft— to enable what is obviously a national problem to be dealt with by the National Parliament. Under existing powers the Commonwealth may control interstate but not intra-State aerial transport. It is ludicrous that an instrument of transport so flexible and so incapable of being kept within narrow geographical limits should still be