Under the Constitution of the United States, Congress has broad power to regulate commerce among the states and the power to prevent the individual states from interfering in the free flow of commerce.
Today, in too many respects, Congress has ceded political and economic power to the state of California. That delegation of power harms the nation. California disrupts national commerce. Across sectors of the economy, California is usurping power from Congress and the nation as a whole. Just a few days ago, a regulatory agency of the state of California denied a request by Elon Musk’s company, SpaceX, to launch rockets from a U.S. Air Force base located in California near the Pacific Ocean. SpaceX has filed a suit against the regulatory agency.
The agency said “no” to Musk because of his political views, including his support for former President Donald Trump. California is a stronghold of the Democratic Party. Its regulatory policies skew far-left. Yet, regardless of Musk’s political views, he is plainly a genius whose ideas and businesses increase the welfare of the nation. Because of Musk, the U.S. competes effectively against China in the manufacture of electric vehicles. Because of Musk, the U.S. dominates the market for space launches. By saying “no” to Musk, California harms the economy and the country. Moreover, California denies Musk his constitutional right to free speech.
California also undermines the nation’s well-being on the environment. At this very moment, the state is making plans to thwart the policies of Trump, should he win on November 5. The state is bringing lawsuits against industries that use carbon based energy. California is trying to pressure private companies to comply with California environmental regulations, supplanting the regulations and power of the federal government.
In practical effect, California is trying to create a sovereign state independent of the federal government. It is engaging in acts of de facto sedition. Under the Clean Air Act of 1970, Congress pre-empted state governments from adopting their own air pollutant emissions standards for new motor vehicles and new motor vehicle engines. But Congress provided an exemption for California. Under this exemption authority, California regulates emissions for 40% of light vehicles, cars, and SUVs and 25% of heavy-duty trucks. In addition, Congress authorized other states to adopt California’s standards. Seventeen states have followed California’s emission standards.
California uses its economic power to compel vehicle manufacturers to comply with California’s regulations. No vehicle company wants to give up a significant share of the total light vehicle and heavy duty market. California is using its power to force vehicle manufacturers to produce electric vehicles which most Americans at the present time do not want to purchase. The vehicle companies are losing billions of dollars by complying with California’s vehicle mandates.
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In fact, in just over 10 years, California wants to outlaw internal combustion engines. Eleven other states plan to follow California and ban gasoline-powered vehicles.
California denies liberty by forcing Americans to buy vehicles that they would not otherwise purchase. It is time for the people and Congress to say “no more” to the far-left policies of California.
James Rogan is a former U.S. foreign service officer who later worked in finance and law for 30 years. He writes a daily note on the markets, politics, and society. He can be reached at [email protected]