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I've always wondered about the constitutionality of California's state-to-state border stations where they check every car for produce. Seems iffy.
by donatj 3y ago
I've always wondered about the constitutionality of California's state-to-state border stations where they check every car for produce. Seems iffy.
- strictnein 3y agoYeah, just encountered those on a road trip and wondered how they were legal. Was right on the Cali/Oregon border for a couple of days and those checkpoints were also only sporadicly staffed, so I don't understand the point anyways.
- ncallaway 3y agohttps://en.m.wikipedia.org/wiki/Maine_v._Taylor https://en.m.wikipedia.org/wiki/Maine_v._Taylor SCOTUS has ruled that, with specific and compelling reasons, states can implement these kinds of interstate restrictions. If Congress wanted to, they could pass a federal law that would pre-empt the state law, but has not done so.
- red-iron-pine 3y agoit would also mean that the FedGov would have to evaluate or interact with every sort of intra-state interaction, which would get onerous and expensive quickly.
- ncallaway 3y ago> FedGov would have to evaluate or interact with every sort of intra-state interaction I don't think that's the case. It would be up to Congress. They have the authority to pass a law that says: "No state may put up any intra-state barriers to commerce at all", and that would be that. Or they could choose to pass a law that's a lot more specific, in which case they would need to deal with each intra-state interaction.
- nonameiguess 3y agoIt says right there they can do what is needed to execute inspection laws. They just can't charge you to import. California had serious problems with Mediterranean fruit flies destroying crops from the 50s onward, which is why they started doing this.