For sometime now the state of California has been doing an end-run around the rest of us who are citizens of the United States of America.
They accomplish this through regulation.
The other day the wise men of California enacted legislation which would ban gasoline powered cars being sold in the state of California after the year 2035.
Excuse me, were the rest of us consulted on this important matter?
Shouldn’t we be consulted?
Of course this is a rhetorical question. We absolutely should be consulted.
The state of California, and the wise men who live there, know full well that their regulations will force the automobile industry to comply because said companies don’t want to lose out on the huge market of car sales that exists in California.
But wait a minute, don’t we count too?
We sure do.
And because we do, the President of the United States should step in and let the state of California know who’s boss.
The President of United States has 1,000,001 tools at his disposal to make the state of California and its wise men feel pain, unrelenting pain, if they do not make wise decisions.
Beyond that, what the state of California has done might be construed as a violation of the Constitution, or certainly its spirit.
Do remember that inconvenient document?
I’m asking you the regular American because our leaders sure don’t have a clue as to what the Constitution says.
Nor do they apparently care.
Article 6, Clause 2 of the Constitution of United States is known as the Supremacy Clause. Essentially it states that the laws of the federal government supersede those of the state.
This Constitution, and the laws of the United States, which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the country notwithstanding.
While there is no law stipulating that gasoline cars must be sold in the United States of America, there is a prevailing sentiment that they are permissible.
Automobile companies operate under that sentiment.
If the state of California passes a law banning gasoline powered vehicles after 2035, they speak against the prevailing sentiment of the nation.
A prevailing sentiment is an unwritten law of permissibility or non-permissibility depending upon the issue at hand.
Automobile companies, fearful of not being able to sell in the state of California, then begin to change the type of vehicles that they will sell in the future.
This affects people outside of the state of California who had no say whatsoever in what the state of California has passed.
In addition to violating the spirit of the Supremacy Clause, the state of California is quite possibly violating our right of due process expressed in the 14th Amendment, Section 1, which states the following:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Given where I live in the state of Texas where distances really are bigger, and where the closest major city is 250 miles away; given that battery technology has hit a barrier that compels me to wait a lengthy period of time for a battery to recharge; given that electrical power in batteries is most likely going to be supplied by fossil fuel plants far from noble people, I absolutely, unequivocally want to be consulted on regulations that are going to affect me.
That’s the fair and decent thing to do.
Our Constitution is based upon that decency and fairness.
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