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Re: Oil Train Bill Goes to California Governor
Author: OldPoleBurner
Date: 09-04-2014 - 17:37
> I suspect that some aspects of it (prior notice requirements for individual oil train
> movements, for instance) may go beyond what the state's rights are
States DO NOT have "rights" - Never have! At least not since the the US Constitution went into effect in 1789. Individual human beings do have rights (unalienable rights actually), but states do not. A state has no right to do anything whatsoever; except to exercise those "POWERS" which its own electorate has granted within its own Constitution - provided said powers have not been reserved to Congress by the Federal Constitution (regulation of commerce, immigration law, printing currency, or enforcing the 13th & 14th amendments, for example).
It sure would be great if public schools would teach at least the basics of American Civics (as they once did). It might seem like a mere technicality to those of you who were thus short changed, but this concept of "Separation of Powers" is not a small matter - it is HUGE.
It is absolutely critical to the maintenance of our liberties, that we keep it straight, that all levels government MUST "derive their just powers from the consent of the governed", and indeed only by that consent. Which consent came only via the ratification of their own constitutions.
Any official or legislature doing anything outside those documents is acting outside their authority; a blatant abuse of power which must be guarded against and not ever tolerated.
As to this governor often referred to as Gov Moonbeam, he clearly never had a civics class in his life, or he flunked - Bigtime! Or perhaps he is just another lawless politician who couldn't care less where the lawful limits of his power are. California is just chuck full of 'em; as is Washington D.C.
And yes, I agree. Without specific consent from Congress permitting state regulation of this part of railroad operations, this bill will almost surely run afoul of the Federal Constitution's assignment of that power to the Federal Government. It used to be that by previous consent of Congress, states heavily regulated railroad safety, but the Staggers act took almost all of that away. Congress gaveth that power, hence Congress can taketh it away.
> movements, for instance) may go beyond what the state's rights are
States DO NOT have "rights" - Never have! At least not since the the US Constitution went into effect in 1789. Individual human beings do have rights (unalienable rights actually), but states do not. A state has no right to do anything whatsoever; except to exercise those "POWERS" which its own electorate has granted within its own Constitution - provided said powers have not been reserved to Congress by the Federal Constitution (regulation of commerce, immigration law, printing currency, or enforcing the 13th & 14th amendments, for example).
It sure would be great if public schools would teach at least the basics of American Civics (as they once did). It might seem like a mere technicality to those of you who were thus short changed, but this concept of "Separation of Powers" is not a small matter - it is HUGE.
It is absolutely critical to the maintenance of our liberties, that we keep it straight, that all levels government MUST "derive their just powers from the consent of the governed", and indeed only by that consent. Which consent came only via the ratification of their own constitutions.
Any official or legislature doing anything outside those documents is acting outside their authority; a blatant abuse of power which must be guarded against and not ever tolerated.
As to this governor often referred to as Gov Moonbeam, he clearly never had a civics class in his life, or he flunked - Bigtime! Or perhaps he is just another lawless politician who couldn't care less where the lawful limits of his power are. California is just chuck full of 'em; as is Washington D.C.
And yes, I agree. Without specific consent from Congress permitting state regulation of this part of railroad operations, this bill will almost surely run afoul of the Federal Constitution's assignment of that power to the Federal Government. It used to be that by previous consent of Congress, states heavily regulated railroad safety, but the Staggers act took almost all of that away. Congress gaveth that power, hence Congress can taketh it away.
