Another great opportunity for unintended consequences

Posted by $ blarman 6 years, 9 months ago to Government
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As much as I am loathe to admit it, I actually support California in taking on the Trump administration in this one. Not because they are right on the policy, but because it is an overreach of Federal Government authority to impose EPA standards on products like automobiles in the first place. I actually want this one to go to the Supreme Court and for the Feds to lose on the basis that they have no authority to set the standards in the first place. It would be a huge step in challenging the alphabet soup that is the Federal Bureaucracy and dismantling them.


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  • Posted by AlfredENewman 6 years, 9 months ago in reply to this comment.
    Article I, Section 8, Clause 3:

    "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

    Automobiles are items of Interstate Commerce and by the opinions of those 9 mystical beings in black robes are controlled by that clause.

    Article VI, Clause 2:

    "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

    As opinionated by that great fraud, John Marshall, in Marbury v Madison, the constitution is supreme to the state endorsed by their application to become a state.

    And I do believe it was John Marshall in that same famous case also that stated intent was to be the opinion of those mystical beings in black robes.

    I will also dispute that there was never any intent at all to define anything or have you not noticed all the whole in that four parchment document referred to as "the Constitution".

    As my hero, Lysander Spooner, states so clearly, in fact repetitively, in his book "No Treason, The Constitution of No Authority". The title says it all. I wholly subscribe to his philosophy and live it as well.

    The only remarkable statement during the 1887 period was Patrick Henry when he declared, "I smell a rat."
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  • Posted by $ 6 years, 9 months ago in reply to this comment.
    I'd like to hear your reasoning for use of the Commerce Clause in such a manner. From everything I've read, the original intent of the Commerce Clause was to prevent trade disputes between States and eliminate taxes or tariffs from being levied on products coming from other States. There was never intent to create broad regulatory agencies.
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  • Posted by AlfredENewman 6 years, 9 months ago
    Actually they do under the commerce clause and federal supremacy. That is unless they start their own auto industry that does not cross state lines. As California is a federal fiction, their only choice is to comply or succeed, I'm all for the later.
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