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

William Flynn Wallace foozler83 at gmail.com
Sat May 20 13:46:47 UTC 2017


I don't see
anything in the enumerated rights that would suggest the fed can make a
plant illegal.  spike

I think a lot of things have been OKed by the Supreme Court on the basis of
'for the general welfare'.  Many will say that that has been used to OK
just about anything.  I say that we're lucky that it hasn't been a lot more.

bill w

On Fri, May 19, 2017 at 10:49 PM, spike <spike66 at att.net> wrote:

>
>
> -----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
>
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