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Old April 22, 2013, 03:12 PM   #9
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Join Date: August 8, 2012
Posts: 2,556
Second, who's to say the Federal govt wouldn't be, "Yes, it's our domain, but we're cool with what CA is doing in this case, so they may continue."
I think they could be- and they COULD delegate that sort of power to the states. But they'd have to do it legislatively, and without specific legislation that allows this, the states are overstepping, and can be slapped down. (I think)

For example, the passport thing we were looking up in Kent V Dulles, 357 U.S. 116 (1958). Passports are somehow actually a congressional function that Congress has delegated to the State Department in the executive branch... This is legal, but subject to even more stringent review than if Congress itself did it. Or something like that...

(e) If a citizen's liberty to travel is to be regulated, it must be pursuant to the lawmaking functions of Congress, any delegation of the power must be subject to adequate standards, and such delegated authority will be narrowly construed. P. 357 U. S. 129.
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