5 ms·
Ever heard of the Supremacy Clause?
by sova 9y ago
Ever heard of the Supremacy Clause?
- fjabre 9y agoEver heard of the prohibition? The government had supremacy there too.
- deleted 9y ago[deleted]
- sova 9y agofair point
- gruez 9y agoIANAL, but near the end he says he'll be including it as a condition to certain things that the state has control over. maybe that's how they get around that issue?
- fleitz 9y agoExactly, they won't regulate the internet but if you don't offer net neutrality you can't get a business license, construction permits, etc. Whether this is good or bad is another matter but that's how they'll do it.
- cantrip 9y agoIt's a repeal of federal rules so California is free to create their own laws regarding this issue.
- rosser 9y ago"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
- UncleEntity 9y agoGoing to go out on a limb here and say the very fact the FCC exists leads one to assume this is one of things delegated to the federal government -- at least in their opinion.
- rosser 9y agoPai has specifically claimed the FCC can pre-empt State-level Net Neutrality initiatives. AFAIK, however, that's up to an appellate court to decide, which hasn't happened yet. (Another comment in another thread cites the recent case the FCC lost regarding its ability to pre-empt municipal broadband — see TN, NC v. FCC — which is probably somewhat dispositive.) EDIT: also: "delegated to the United States by the Constitution". Note the emphasis. The FCC can assert all the authority it wants, but absent an Amendment to that effect, or a specific ruling on that question by a "court of competent authority", I don't believe the matter is nearly as settled as you suggest.
- danesparza 9y agoCitation: https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution#Forced_participation_or_commandeering https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_... If it's true for handguns, it's true for the Internet. I say Californians might have a shot at this (as would any other state)
- UncleEntity 9y agoThe city/state/D.C handgun bans got overturned by the Supreme Court not too long ago on constitutional grounds.
- jimktrains2 9y agoNot because they couldn't make such regulations, but because the ones they did make we're too strict, if my understanding is correct.