View Single Post
Old 12-17-2016, 11:10 AM
Stranger On A Train Stranger On A Train is offline
Join Date: May 2003
Location: Manor Farm
Posts: 17,170
There is an entire conversation going on here with no reference to any fact in law. Have you guys never actually read the US Constitution? It is not very long and for a legal document generally very clear and concise. Article I, Section 8, Clause 3 (the so-called "Interstate Commerce Clause") forms the basis for much of federal regulatory authority over the states, and the US government authority for making binding treaty agreements. For reference, see the US Constitution, Article I, Section 8:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Yes, the federal government absolutely has the authority, should they impose it, to prevent individual states from entering into agreements with one another involving trade or finance, and can most certainly prevent states from making any kind of treaties or joint ventures with foreign nations. This is not "a bunch of wild assumptions"; it is the fundamental law of the nation, and the easily researched regulations stemming from it. The federal government could not prevent California from funding a program or building a satellite within its own borders, but could certainly prevent other states from working in explicit cooperation, and of course the federal government "owns" both the airspace that a launch vehicle would have to fly through, necessitating FAA approval, and the frequency spectrum that a satellite would need some portion of which to transmit, requiring an FCC license. The federal government also controls all export of any technology with potential application for military use through 22 USC 2778 and regulated by the US State Department under the Interntional Trafficking in Arms Regulations, which definitely includes a space launch vehicle and many components within it such as guidance and communication systems. International trafficking would including towing a launch vehicle on a barge into international waters, and there is no launch facility or range from California that is not owned by the US Department of Defense.

California is not going to be legally operating its own indigenous space program in defiance of federal approval. To suggest otherwise is obtuse to all existing law and the relationship between the federal government and the states.


Last edited by Stranger On A Train; 12-17-2016 at 11:11 AM.