5 ms·

The federal government has the right to regulate interstate commerce, though, right? Since many or most of these cars are made in other states then sold in Cali

• rblatz 7y ago
  Interstate commerce is a joke now. Growing a crop on your own land to feed your own livestock is considered interstate commerce.
  • deleted 7y ago
    [deleted]
• hpkuarg 7y ago
  Add in the consideration that air and water don't respect state boundaries, it would be an even bigger mess. To be fair, the federal government has a history of abusing the interstate commerce clause -- it's not clear that just because something is capable of crossing a state line, it should automatically fall under federal purview.
• makomk 7y ago
  Yeah. The EU doesn't allow individual states to set their own emissions standards for cars for similar reasons, even though they're nowhere near as unified as the US in general - it affects trade between the member states and therefore is centrally controlled. (This has caused some problems due to the European NO2 and PM5 standards for diesels being rather on the lax side.)
• tomatotomato37 7y ago
  Interstate commerce yes, but going by the perspective of the original unmutilated Commerce Clause what California is doing involves only intrastate markets and thus should be untouchable. This is one of the funniest things about this whole mess, California's "exemption" is much more legal than the EPA ever was (along with pretty much every other regulatory 3 letter agency).
  • jpadkins 7y ago
    would agree that while CA can ban purchasing certain cars (commerce) in CA, they could not deny people bringing in cars from other states (property)?
    • tathougies 7y ago
      Yes, they can. California does this today. California has a border patrol that will throw away any contraband you attempt to smuggle in to the state of California. Border stations exist between Mexico and California, Nevada and California, Arizona and California, and Oregon and California. For example, if California discovers you have a ferret, they will fine you or put you in jail. If you attempt to bring a ferret into California via the interstate highway, and go through a california border station, they will likely confiscate and euthanize the ferret. This is not just for ferrets but all sorts of pests, plants, etc. California keeps a tight border. Last time I crossed the border from Oregon, we were stopped, and questioned, and our car inspected with a mirror underneath, at the border station. The Constitution guarantees that you -- an American citizen or legal immigrant or tourist -- can enter and leave the state at will -- not your stuff.
      • jpadkins 7y ago
        while you are correct, you happen to replying to someone who owned a ferret for 4 years while living in CA. Yes, I did smuggle the ferrets into CA, but there is a ferret owners group in CA. Also the vets are very nice to ferret owners, and will even sell you ferret food. :-)
        • tathougies 7y ago
          > to someone who owned a ferret for 4 years while living in CA You mean a criminal? It is a crime to own a ferret into california or to smuggle them in.
• tathougies 7y ago
  Sure, the federal government can control the sales of cars. However, the interstate highways are owned and operated by california. California is also the sole authority who can register cars in the state of california for operation. So, while the federal government can force california to allow californians to buy cars produced in another state, it should not be able to force california to allow those cars to be driven on roads owned by the state of california.
  • jpadkins 7y ago
    interstate highways are funded by federal tax dollars. So not wholly owned by California. And article 1, section 8 gives feds power to regulate (normalize) interstate commerce.
    • tathougies 7y ago
      No theyre wholly owned by the state. The federal government provides money but the land and improvements are owned by the state of California. Not that it matters anyway because state law is the sole arbiter of who owns what.
• tzs 7y ago
  States can regulate products without running afoul of interstate commerce rules. The key is for the regulations to not depend on the origin of the product. What gets you in trouble under the interstate commerce rules is trying to disadvantage out of states manufacturers relative to in states ones. It is perfectly fine under the interstate commerce rules for California rules and Ohio rules and Texas rules for a given product to make it so that a manufacturer can't make a single product that works in all three states. As long as someone who decides that they wants to make products that meets California rules can make those products in Ohio or Texas, and someone who wants to make products for the Ohio market can make them in California and Texas, and so on, that's fine.