Quote:
Originally posted by Sidd Finch
Now, you want to answer my question?
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Sure. Which one?
If it's the first amendment one, about minimum speech:
1) Constitutional limitations are different from statutory/regulatory limitations. We're talking policy decisions to be made, not ones we've committed to continuing in the form of a constitution. I grant that it is permissible under our federalist system to have a federal law that states can make more strict. And you would have to grant it is permissible to have a federal law tht states cannot make more strict. All I've posited that if you have both of those possible policy outcomes, why not the third--federal laws that states can make less strict?
2) When enacted, the first amendment did not apply to the states. It was subsequently incorporated, based on further constitutional amendment. If you can get a constitutional amendment through that specifies that the federal government may enact minimum, but not maximum health and safety standards, go ahead.
