Rich S. wrote:
X-No-Archive: Yes
"alexy" wrote in message
...

I'm not sure how clear that is. Isn't there something in the US
Constitution relegating to the states any powers not specifically
reserved to the federal gov't? AFAIK, land use falls into that
category, so is not usurpation of federal authority.

PS I'm not saying that the NJ law doesn't suck -- just that it is
within their powers if that's what the people of the Garden State
want.


Article One, Section Eight, Clause Three of the U.S. Constitution states the
Congress shall have the power "To regulate Commerce with foreign Nations,
and among the several States, and with the Indian Tribes;". This interstate
commerce clause has been widely upheld by the Supreme Court and specifically
has given the Federal Government the exclusive power to regulate aviation.
(It's the same authority the Feds used to give us a 55 mph speed limit on
roads designed for much higher speeds).

No, technically there never was a federal speed limit of 55 mph. The
law just specified that in order to qualify for federal transportation
funds each state had to pass and enforce a 55 mph speed limit. Of
course in practice this amounted to the same thing since no state
wanted to give up its fair share of those funds (coming from their
own residents). But it was done this way specifically because the
federal government did not have the authority to directly specify
speed limits within the individual states.

http://www.epa.gov/otaq/invntory/envspoms.txt :
"The 55 mph national speed limit was introduced January 1,
1974 in response to the OPEC oil embargo and subsequent "energy
crisis." While this speed limit was not mandated by the Federal
Government, highway funding was linked to adoption of this
speed limit, and its enforcement, by the States."