[ExI] can cities pull rank on states? was: RE: Greener Urban Environment
spike66 at att.net
Sat May 20 03:49:45 UTC 2017
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
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
> 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.
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