Question...

OntarioVanMan

Retired Expediter
Owner/Operator
I see Governors can issue an Executive Order to supercede Federal laws in an emergency....Like suspending HOS for trucks...so why can't they do that in other matters Like the pending HCA? :confused:
 

greg334

Veteran Expediter
Because there are two different things going on.

The HOS is a state thing - no matter who says what the states adopt the FMCSA regulations or have their own. Almost all the states agreed to adopt the FMCSA regulations in total. The states are free to regulate their roads and the people who drive on them - notice the different speed limits? - one reason why it takes the threat to hold back federal road funding to get some states to agree to follow some of the new regs. In addition to that, the feds can't regulate commerce as they are charged to, CARB regulations that are applied to every vehicle that enters the state of California is one such example, Anti-idle laws are another.

The HCA is a different thing, the states regulate the insurance end of things which the feds are forcing a takeover based on some lame arguments, which in turn has trashed the state's rights. A governor can start to solve some of these issue with EO on getting a constitutional convention going and force limits of the feds with the convention but they won't because a lot of governors have aspirations of being in federal office in their 'career'.
 

chefdennis

Veteran Expediter
greg wrote:

one reason why it takes the threat to hold back federal road funding to get some states to agree to follow some of the new regs.

A governor can start to solve some of these issue with EO on getting a constitutional convention going and force limits of the feds with the convention but they won't because a lot of governors have aspirations of being in federal office in their 'career'.

Bingo!! You want to see change, let businesses and the state collectively stop paying the taxes that they do that are sent to the fed....sales taxes, fuel taxes, excise taxes on certain purchases...collect them and escrow them, then watch just how long it takes for the fed to stand up...but that won't happen for the last reason greg posted....

Like the some states are trying to do with union dues for state employees, make it so that they don't collect them, and the people pay them themselves...make the people responcible to pay any taxes on any purchase to the gov....you'd see the fed gov come to a halt with all their bs regulations, because the people wouldn't pay them directly themselves and the govs funding would go away in a heartbeat...but it agan, the fed ain't givng up their cash cow of citizens so nothing will change....
 
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