Showing posts with label US constitution. Show all posts
Showing posts with label US constitution. Show all posts

Friday, November 5, 2021

Compromising Public Health for a States' Rights Ideology: The Governor of Arizona Nullified a Federal Law during a Pandemic

On October 27, 2021, I rode on two mass transit buses in Phoenix, Arizona. Both drivers were knowingly and willfully violating the federal regulation (42 CFR sec.s 70-71), which requires transit operators to wear masks during the pandemic even when they are situated behind a plexiglass barrier. One of the drivers, whom I had twice before seen not wearing a mask, again had lowered the plexiglass window pane between the driver and customers paying.  The first time, I had asked her to put a mask on, given the federal regulation and her proximity to the passengers boarding. Replying as if making an announcement, she said, “If anyone feels unsafe on the bus, they can get off and wait for the next bus.” That prompted a passenger to insult me. The company subsequently backed up the driver's refusal by saying that the federal law doesn't apply to buses in Arizona. It did, so the company violated federal law with impunity.

The full essay is at "Compromising Public Health During a Pandemic."

Thursday, March 22, 2012

Wickard vs. Filburn: Federalism vs. Congress

If you are wondering how the Congress got away with taking over so much from the state legislatures, you need look no further than Wickard v. Filburn, on which the U.S. Supreme Court unanimously decided that the interstate commerce clause can reach all the way to penalize a farmer for growing his own wheat.


The complete essay is at Essays on Two Federal Empires.