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Ever heard of the Supremacy Clause?



It's a repeal of federal rules so California is free to create their own laws regarding this issue.


"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


Citation: https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_...

If it's true for handguns, it's true for the Internet. I say Californians might have a shot at this (as would any other state)


The city/state/D.C handgun bans got overturned by the Supreme Court not too long ago on constitutional grounds.


Not because they couldn't make such regulations, but because the ones they did make we're too strict, if my understanding is correct.


Going to go out on a limb here and say the very fact the FCC exists leads one to assume this is one of things delegated to the federal government -- at least in their opinion.


Pai has specifically claimed the FCC can pre-empt State-level Net Neutrality initiatives.

AFAIK, however, that's up to an appellate court to decide, which hasn't happened yet. (Another comment in another thread cites the recent case the FCC lost regarding its ability to pre-empt municipal broadband — see TN, NC v. FCC — which is probably somewhat dispositive.)

EDIT: also: "delegated to the United States by the Constitution". Note the emphasis. The FCC can assert all the authority it wants, but absent an Amendment to that effect, or a specific ruling on that question by a "court of competent authority", I don't believe the matter is nearly as settled as you suggest.


IANAL, but near the end he says he'll be including it as a condition to certain things that the state has control over. maybe that's how they get around that issue?


Ever heard of the prohibition? The government had supremacy there too.


fair point




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