3 ms·

Could you explain how the FCC has superiority here? Doesn’t the constitution allow states to set local laws for things that aren’t expressly dictated in the con

• sdenton4 9y ago
  The Constitution gives the federal government the ability to regulate interstate commerce, which, effectively, means almost everything. Taxing the hell out of non neutral ISPs at the state level may be viable, though? IANAL... It may be a case where a successful state level action in (say) New York and California covers enough people that national ISPs won't want to build a whole second system for all the other states; this is how many California environmental protection laws become de facto national.
• howard941 9y ago
  The FCC is superior because it involves interstate commerce. Whether a local law can survive alongside a federal law depends on whether there's undue conflict, and conflict is determined by whether the local law intolerably intrudes on the federal law's scheme. Intolerable intrusion isn't the actual term of art but it may not matter because fed/state conflict doctrine is a big bowl of mush.