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Re: How That Cute L'il Speeder Opened Up A Can(yon) of Worms
Author: LivingSteam
Date: 08-21-2010 - 10:50
Nice post, Alfred!
I thought Mike Pechner had a great comment, but slightly over-simplified. Here's how I responded in a comment after Mike. Since this is happening in the Emerald Triangle, I thought the reference to the medpot case was appropriate...
Just my two cents, first this article reminds me of the V&T Reconstruction Commission, for the politics involved in the project. Luckily, since the land between Carson City and Virginia City is already an environmental wasteland, no such lawsuits over EIRs and FONSI approvals have happened here. And despite Harry's Reid's famous quote, "oil is killing us," he still supported the use of smoke-belching oil-burning locomotives. We are lucky, indeed.
But my point really, Mike Pechner, excellent comment, just one point: the idea that federal law always trumps state law is certainly not true in practice. For example, CA sued the EPA to be allowed to set more stringent emission standards and won in a high court. Similarly, Raich v. Gonzales (nee Ashcroft) was decided in a way that let the conflict live on.
The Feds can raid dispensaries, but the court DID NOT strike down the state law. Since Wickard v. Filburn is used as precedent in these kinds of cases, it's nice to see the states given some authority over their own affairs -- as long as it doesn't stop THA. Now if they'd just get those birdcages out of Portola!
I thought Mike Pechner had a great comment, but slightly over-simplified. Here's how I responded in a comment after Mike. Since this is happening in the Emerald Triangle, I thought the reference to the medpot case was appropriate...
Just my two cents, first this article reminds me of the V&T Reconstruction Commission, for the politics involved in the project. Luckily, since the land between Carson City and Virginia City is already an environmental wasteland, no such lawsuits over EIRs and FONSI approvals have happened here. And despite Harry's Reid's famous quote, "oil is killing us," he still supported the use of smoke-belching oil-burning locomotives. We are lucky, indeed.
But my point really, Mike Pechner, excellent comment, just one point: the idea that federal law always trumps state law is certainly not true in practice. For example, CA sued the EPA to be allowed to set more stringent emission standards and won in a high court. Similarly, Raich v. Gonzales (nee Ashcroft) was decided in a way that let the conflict live on.
The Feds can raid dispensaries, but the court DID NOT strike down the state law. Since Wickard v. Filburn is used as precedent in these kinds of cases, it's nice to see the states given some authority over their own affairs -- as long as it doesn't stop THA. Now if they'd just get those birdcages out of Portola!
| Subject | Written By | Date/Time (PST) |
|---|---|---|
 How That Cute L'il Speeder Opened Up A Can(yon) of Worms
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Alfred Doten | 08-20-2010 - 09:02 |
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Re: How That Cute L'il Speeder Opened Up A Can(yon) of Worms |
LivingSteam | 08-21-2010 - 10:50 |