3 ms·

How could the Federal government suspend evictions? Foreclosures, sure, but tenancy laws are typically state or local.

deleted 7y ago
[deleted]
sitkack 7y ago
Make a temporary federal law that overrides local laws. The federal government can basically do anything it wants. It is only because it is so gracious that it lets states have any laws at all.
- briandear 7y ago
  The 10th Amendment specifically limits the federal government’s power.
- freepor 7y ago
  I agree that the Supreme Court has basically torn up federalism, but technically rent is not interstate commerce.
  - awayfromhomenow 7y ago
    there was a case where the USSC ruled that growing food on your own land for your own consumption was interstate commerce, and forced the farmer to stop. Never underestimate the ability of political justices to contort the Constitution.
- jhauris 7y ago
  The federal government does have to at least make it seem like they are using a constitutional basis for law. Otherwise it could be nullified by a legal challenge, as it seems is happening with the ACA.
  - Aeolun 7y ago
    It seems to me that if the federal government requests this, states will follow. Hell, who wants to be the governor that said no if Trump suggests you suspend evictions.
  - kube-system 7y ago
    There's always a workaround. Use the 16th amendment: charge a stupidly huge tax for every eviction during the emergency period. Done.
    - allovernow 7y ago
      That's a hard call to make. IIRC income and land taxes were each supposed to be temporary funding solutions for wars and such. On the other hand Trump had the right idea eliminating bloat but he went about it in the worst way. That way we'd be less likely to end up with more permanent taxes if this drags on.
kube-system 7y ago
There are a few federal tenancy laws currently. Presumably, they'd add another. Think the case would make it through SCOTUS before the emergency is over?
- WillPostForFood 7y ago
  It doesn't need to make it through SCOTUS to be blocked. Just need one friendly federal judge.

deleted 7y ago

[deleted]

Make a temporary federal law that overrides local laws. The federal government can basically do anything it wants. It is only because it is so gracious that it lets states have any laws at all.

briandear 7y ago
The 10th Amendment specifically limits the federal government’s power.
freepor 7y ago
I agree that the Supreme Court has basically torn up federalism, but technically rent is not interstate commerce.
- awayfromhomenow 7y ago
  there was a case where the USSC ruled that growing food on your own land for your own consumption was interstate commerce, and forced the farmer to stop. Never underestimate the ability of political justices to contort the Constitution.
jhauris 7y ago
The federal government does have to at least make it seem like they are using a constitutional basis for law. Otherwise it could be nullified by a legal challenge, as it seems is happening with the ACA.
- Aeolun 7y ago
  It seems to me that if the federal government requests this, states will follow. Hell, who wants to be the governor that said no if Trump suggests you suspend evictions.
- kube-system 7y ago
  There's always a workaround. Use the 16th amendment: charge a stupidly huge tax for every eviction during the emergency period. Done.
  - allovernow 7y ago
    That's a hard call to make. IIRC income and land taxes were each supposed to be temporary funding solutions for wars and such. On the other hand Trump had the right idea eliminating bloat but he went about it in the worst way. That way we'd be less likely to end up with more permanent taxes if this drags on.

kube-system 7y ago

There are a few federal tenancy laws currently. Presumably, they'd add another. Think the case would make it through SCOTUS before the emergency is over?

WillPostForFood 7y ago
It doesn't need to make it through SCOTUS to be blocked. Just need one friendly federal judge.