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Rich S. wrote:
X-No-Archive: Yes "alexy" wrote in message ... I'm not sure how clear that is. Isn't there something in the US Constitution relegating to the states any powers not specifically reserved to the federal gov't? AFAIK, land use falls into that category, so is not usurpation of federal authority. PS I'm not saying that the NJ law doesn't suck -- just that it is within their powers if that's what the people of the Garden State want. Article One, Section Eight, Clause Three of the U.S. Constitution states the Congress shall have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;". This interstate commerce clause has been widely upheld by the Supreme Court and specifically has given the Federal Government the exclusive power to regulate aviation. (It's the same authority the Feds used to give us a 55 mph speed limit on roads designed for much higher speeds). No, technically there never was a federal speed limit of 55 mph. The law just specified that in order to qualify for federal transportation funds each state had to pass and enforce a 55 mph speed limit. Of course in practice this amounted to the same thing since no state wanted to give up its fair share of those funds (coming from their own residents). But it was done this way specifically because the federal government did not have the authority to directly specify speed limits within the individual states. http://www.epa.gov/otaq/invntory/envspoms.txt : "The 55 mph national speed limit was introduced January 1, 1974 in response to the OPEC oil embargo and subsequent "energy crisis." While this speed limit was not mandated by the Federal Government, highway funding was linked to adoption of this speed limit, and its enforcement, by the States." |
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