It's going to take congressional action. The FAA got slapped pretty hard that they do NOT have the authority to regulate these across the board.
The Constitution is a pesky thing to the current administration.
Not sure what the Constitution has to do with it. The exemption for RC aircraft from FAA authority was specifically written into a 90s era law by Congress.
Congress can change that exemption at any time.
But FAA proceeded to regulate and lost at trial because the law said "no". That's it.
It's got nearly nothing to do with any Administration or the Constitution, and more to do with a law written with lack of foresight long ago about where technology would go, which is fairly common.
I seriously doubt Congress will maintain this ban on FAA regulation of the things for long. They just need to figure out how to re-write it to match the current tech and attach it as a rider to something. Won't take that long in the overall typical D.C. timeframes.*
*Current inability to get much of anything done, tacked on for good measure. However long that adds.
That's my point, the biggest threat is from ordinary stupidity. "Bad guys" are statistically very rare. And up until now no one could occupy the sky without going through training which put a big limit on how many stupid idiots could be up there. Of course there were always birds. But now, removing the expense of flying lessons and access to a plane, this opens the skies to being physically occupied by (an extension of) virtually every human on the ground.
Ummm ... no.
There have always been untrained people in the air, legally. Ultralights (Not smart, but you can fly one without training -- fixed or rotary wing or whatever you like...), paragliders, paramotors, all sorts of stuff.
I've shared runways at both controlled and uncontrolled airports with ultralight folks many times. The smart ones have training and radios and all brain cells firing, but it's not required. And I'll admit to being somewhat ignorant of what their requirements are to operate at controlled fields, but I've seen them there. Usually look like they're having quite a bit of fun, too.
Only took 4 replies to get political.
Because regulations and regulatory agencies are created by and authorized by politicians.
(Added emphasis: DUH.)