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That’s not true. That is folk constitutional law. It might be descriptive of some areas of law as they currently operate, but that is not the constitutional fed
by anonunivgrad 6y ago
That’s not true. That is folk constitutional law. It might be descriptive of some areas of law as they currently operate, but that is not the constitutional federalism framework in the US. When the federal government acts in the areas where it has authority, its enumerated powers[1], then it can and often does preempt state law. Sometimes the preemption is explicitly in the law, but other times it is implicit and up to a court to determine whether a particular state action or kind of state action would undermine the federal regulatory scheme.
If it is the policy of the US government that there is no guarantee of transit on the Internet, then there is a good argument that state regulations to the contrary undermine the federal scheme, which is to have a free market for transit.
[1] the expansive reading of those enumerated powers is another question altogether