[ExI] can cities pull rank on states? was: RE: Greener Urban Environment

[spike]

-----Original Message-----
From: extropy-chat [mailto:extropy-chat-bounces at lists.extropy.org] On Behalf
Of Adrian Tymes
Sent: Friday, May 19, 2017 7:55 PM
To: ExI chat list <extropy-chat at lists.extropy.org>
Subject: Re: [ExI] can cities pull rank on states? was: RE: Greener Urban
Environment

On Fri, May 19, 2017 at 9:47 AM, spike <spike66 at att.net> wrote:
>> States are pulling rank on the Fed now, and making grass legal, such as
Colorado.  
> Not wishing for a showdown in the Supreme Court, where the Fed will 
> likely lose, the Fed is standing down.

>It's not quite "pulling rank".  The feds have one law; certain states,
another.  In theory the feds' law would win out if it went to court...if the
feds' law could stand up to state-grade legal inspection.  As you note, the
feds are standing down.

>It is the same between the states and the cities: if the states' law is
sound, then can smack down any city that objects.  I seem to recall this
happening a few times throughout the history of the USA.  But if the states'
law is on such shaky footing that a mere city challenging it would likely
make it fall apart, the states are well-advised not to press it upon any
city that objects.
_______________________________________________



Ja, this one isn't obvious to me at all.  States outrank the Fed in any area
not among the enumerated rights by the tenth amendment.  I don't see
anything in the enumerated rights that would suggest the fed can make a
plant illegal.  So the states can pull rank there I would think.  But if
they do, and a city such as Durango Colorado decides dope is bad for
business and outlaws it there, and imposes a big fine and even a jail term,
I don't really see how they could appeal it to the state.  I am surprised a
test case hasn't come up.  I predict it will soon, and it might be in an
artsy Colorado town such as Durango, tired of dopers chasing away customers.

spike