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Right, insofar as those laws are made within the scope of the Constitution. My understanding is that the NHTSA and its authority aren't found within the scope o
by jimbob45 3y ago
Right, insofar as those laws are made within the scope of the Constitution. My understanding is that the NHTSA and its authority aren't found within the scope of the Constitution except by the broadest of interpretations.
- JumpCrisscross 3y ago> My understanding is that the NHTSA and its authority aren't found within the scope of the Constitution except by the broadest of interpretations This is legally incorrect. There are challenges to agency authority, which might change the status quo. But even in their most ambitious forms, the NHTSA pre-dates Chevron by two decades. In any case, that's an aside in terms of what can and cannot be federal law. Federal law trumping state law was always intended.
- marcinzm 3y agoAnd the constitution has a mechanism for determining what falls within the scope of the constitution and that mechanism says this falls within the scope of the constitution.