Aviation in the USA is and always has been based on the honor system.
I flew airplanes for 14 years and 1500 hours before I was ever ramp checked. My logbook wasn't even looked at durring my interivew. Even if it was, there is absolutely no way to prove or disprove what was written in there. Any one can file a instrument flight plan, and yet no one at the FAA ever checks to see if that person actually has a instrument rating. Anybody with the right know how can steal an airplane, most don't even have keys.
However, it is extreamly rare for these things to happen because 99% of people in aviation take their responsiblities periously.
Since federal law views flying as a privliage, not a right, it can be adminstered under adminstrative law.
If you want to fly from Dallas to Orlando, you are excercising your constitunaly protected right to travel which may not be denied you with out due process in the courts. TSA regulations are considered improtant laws to protect the public at large. It's inconvient as heck, but nobody is preventing you from traveling.
If you want to fly an airplane you are excersing a "Privlage" granted to anyone who has completed the requirements of certification. Take a look at pt 61 where it defines "privilages and limitaions". If the FSDO decides they think you shouldn't be flying, they can arbitraly (almost) deny you that "privilage". Adminstrative law provides some due process to fight the beauracy, but not much.
It's like being in the military. They can't demote you, take your pay, or throw you in the brig without a formal leagal proceding. Those are your leagal rights under the UCMJ, and you are entitled to due process. However things like liberty (weekends off) or any other special privilages can be denied you at someone's whim. If you piss off your sargent, he can make you clean latrines all day Saturday. However, he can't throw you in the brig because he thinks you are lazy.
Am even better example is what my dad said to me when I brought home an F in algebra.
"I have to feed, clothe, and shelter you untill you are 18. Nobody ever said anything about letting you drive my car." At which point he took my keys out of my hand, and I rode the bus for the next 6 weeks.