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This here is why you shouldn't take legal advice from a tech forum
by humanistbot 5y ago
This here is why you shouldn't take legal advice from a tech forum
- shadowgovt 5y agoYou're not wrong. But I'd be very interested to hear the counter argument. I've been trying to chew through the reporting on the topic and I haven't actually found yet what the Governor's justification is for these inspections. The best I can tell is he appears to be lumping them under general public safety authority, which is a paper thin excuse when the thing that he admits we're keeping people safe from is international trafficking. There are vast swathes of public safety that are not the responsibility of a state government.
- KennyBlanken 5y agoYou're talking about a governor who passed legislation that allows private citizens to enforce a criminal statute and financially rewards them for doing so.
- shadowgovt 5y agoAs legal wranglings go, that's quite a bit smarter than just pretending that the supremacy clause and the commerce clause don't exist.
- pandaman 5y agoIANAL but IMHO if the commerce clause prevented states from controlling who,what, and how moves on its roads then it surely had been used already to abolish state licensing and registration for one. Not to mention smog checks, weight stations, California Border Protection Stations etc.