End of Carb?

[hhow55]

(01-31-2017 )Magard Wrote:  I'm from Cali. and our legislators are suicidal activists who will drive us into the Stone Age in the name of green energy. There just crazy. We all know that. Now the way I see this is Trump might be able to free the rest of the country from carbs reach but if states rights mean anything then how is he going to come here and tell us what we can do with our own rules in our own state. The constitution has a commerce clause that our leaders have used to regulate everything but commerce. They should use it for this very instance. California is messing with interstate commerce with carb rules. Trumps EPA could roll back federal emissions but it's a slippery slope to have him dictate to California that they can't have stricter rules in there own state. Believe me I hate this carb deal, and part of me wants Trump to fix it for me but, if he goes beyond his powers to do so then he will set a precedent. Then next president we get can go crazy the other way. Imagine if a different administration was in there and say some other states wanted to make old trucks go away. Say it was a checker board of different carb rules across the country how would intestate commerce happen. The commerce clause is fundamental to our union as a country and past administrations have let California crap on it and that needs to stop.

ZThere are two basic levels in the U.S legal system: federal law and state law. A federal law applies to the nation as a whole and to all 50 states whereas state laws are only in effect within that particular state.



If a state law gives people more rights than a federal law, the state law is legally supposed to prevail. This means state law will always supersede federal law when the person in question stands to gain more from the state law, right?

Wrong. The law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution. The supremacy clause contains what’s known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you’re in the state you can follow the state law, but the feds can decide to stop you. When there is a conflict between a state law and federal law, it is the federal law that prevails. For example, if a federal regulation prohibits the use of medical marijuana, but a state regulation allows it, the federal law prevails.

The supremacy clause really matters. The waiver that issued to Cali, can certainly be withdrawn.