Legal Corner

A bill to disqualify from operating a commercial motor vehicle for life an individual who uses a com
ginainthemorning See my TER Reviews 1769 reads
posted

A bill to disqualify from operating a commercial motor vehicle for life an individual who uses a commercial motor vehicle in committing a felony involving human trafficking.

https://www.govtrack.us/congress/bills/115/s1532?utm_campaign=govtrack_email_update&utm_source=govtrack/email_update&utm_medium=email

...in his or her right mind would oppose it for fear of being perceived as soft on human trafficking.  It will probably pass the same way in the House and then signed into law by Trump.  But the law is sure to be challenged as unconstitutional because those chickenshit politicians don't seem to realize that the authority to issue drivers licenses belongs to the states.  Each state has its own laws regarding drivers licenses.  Congress has no constitutional authority to pass a blanket law regarding drivers licenses that applies to all 50 states.  This is a states rights issue under the Tenth Amendment.

I don't disagree with you, in theory. The tenth amendment is dear to me. However, we've been seeing it get trampled on for years now, from both sides of the aisle and nobody seems to GAF, least of all the SC.

Also, COMMERCIAL drivers have been under a fuckton of regulation at the federal level for a long time. FMCSA. There's a great deal of precedent in place for a federal law like this concerning commercial licenses. I'm sure someone will challenge it on grounds of state's rights, but I expect that challenge to fail.

Not too long ago, Massachusetts and a few other states tried to buck the feds on entering DL data into some nationaldata base, ostensibly to fight terrorism, but actually just a power grab by the feds to obviate what few privacy rights we have left.

 
The feds responded by saying that henceforth, the DLs of those states will no longer be accepted by the TSA for ID at any airports.

 
They all folded PDQ.

Yes, my home state was mixed up in that too, not being able to use DL at airport. The feds have also stirred up trouble by forcing states to issue DL's to illegal aliens that didn't want to.  

Again remember, this is all just regular DL's we're talking about here. A great deal of the day to day operating of commercially licensed drivers is already federalized, under the US code. Things like who can have a license, renewing them, medical certification, and what offenses will result in the license being revoked, among other things; that's all national.

Register Now!