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You're talking about a related but distinct legal issue. CAFE is an exercise of Congress's commerce clause power, and as part of that power, they have allowed s

by nknight 15y ago

You're talking about a related but distinct legal issue. CAFE is an exercise of Congress's commerce clause power, and as part of that power, they have allowed states to set stricter standards. Had they not specifically done so, states would not have that authority, as federal law would preempt them in that area. The issue here is that there are, in fact, certain federal laws regarding toxins in general, and batteries in particular, that might lead a court to conclude that federal law has preempted state law in this area. Congress's choice not to require battery manufacturers to take certain steps is not the same as Congress abdicating that authority to the states. I'm not saying this is cut and dried, or that they'd likely win, I'm just saying it's sufficiently fuzzy that I'd expect the lawsuit to be filed.

CWuestefeld 15y ago
Congress abdicating that authority to the states That's an odd phrase, in the presence of the 10th Amendment: 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. The Congress doesn't get to decide what power it will exercise, and leave the crumbs for the States (at least not in theory). The States and the People have decided what powers to grant to the Federal Gov't, and so Congress is limited to that scope. (Yes, I'm aware of preemption in various matters, I'm objecting to the implication in your statement that Congress gets to decide what the States' rights are.)
- mikeash 15y ago
  Congress gets to decide which rights the states get when those rights are originally given to Congress, as is the case with interstate commerce. Nothing in that post implied that Congress can do this with everything.
- nknight 15y ago
  Tenther claims are not going to get you far in front of the US Supreme Court. Congress has extensive powers over interstate commerce, and when it chooses to regulate an aspect of interstate commerce, state regulation in that area is automatically preempted except to the extent specified by Congress. This rule is clear and longstanding, and does not simply cover "various matters", but virtually all matters directly connected to commerce amongst the states. Further, look up the dormant commerce clause, which can kick in even without Congress stepping into an area. Then look up Granholm v. Heald. Even the 21st Amendment couldn't save one attempt that tried to regulate interstate trade of alcohol.

by nknight 15y ago

CWuestefeld 15y ago

Congress abdicating that authority to the states That's an odd phrase, in the presence of the 10th Amendment: 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. The Congress doesn't get to decide what power it will exercise, and leave the crumbs for the States (at least not in theory). The States and the People have decided what powers to grant to the Federal Gov't, and so Congress is limited to that scope. (Yes, I'm aware of preemption in various matters, I'm objecting to the implication in your statement that Congress gets to decide what the States' rights are.)

mikeash 15y ago
Congress gets to decide which rights the states get when those rights are originally given to Congress, as is the case with interstate commerce. Nothing in that post implied that Congress can do this with everything.
nknight 15y ago
Tenther claims are not going to get you far in front of the US Supreme Court. Congress has extensive powers over interstate commerce, and when it chooses to regulate an aspect of interstate commerce, state regulation in that area is automatically preempted except to the extent specified by Congress. This rule is clear and longstanding, and does not simply cover "various matters", but virtually all matters directly connected to commerce amongst the states. Further, look up the dormant commerce clause, which can kick in even without Congress stepping into an area. Then look up Granholm v. Heald. Even the 21st Amendment couldn't save one attempt that tried to regulate interstate trade of alcohol.