Comments? http://www.signonsandiego.com/news/state/2...balwarming.html Something like a state governor making a treaty with a foreign government...Constitutional issues, anyone?
This is a not a "treaty", it's a cap and trade agreement, which is more like a business deal. Several of the states in New England are instituting similar programs, even though the US government has declined to institute them. While there might be some political ramifications when a state governor sidesteps the federal government and negotiates an agreement with a foreign government, there are no constitutional issues here.
At least the Governors are taking care of business when the Federal Government is incapable of doing so. If enough States act, either Congress can finally get on board, or they are moot. And hey....Schwarzenegger doesn't even need to sign the Kyoto Protocol to recognize a problem do something. Imagine that. Now Schwarzenegger has to put his money where his mouth is. Currently hybrid drivers get to drive in the HOV lanes and that's it. And that runs out in 2008. So what is Schwarzenegger going to do to encourage greener cars? He can't just subsidize buses or trucks that go natural gas or something else. Forget hydrogen. It isn't going to be viable by 2010. So...what are his options. Well, while there are some recharging stations already out there (that would tie in to his million solar roofs plan that still isn't passed) there aren't any more EVs on the market or purchase. What does that leave for the little guy? Well, hybrids. What is the State of Callifornia doing to encourage the purchas of hybrids? Do we get a break on the sales tax when we buy one? No. Do we get any breaks when we pay registration? No. Do we get any credit or rebate on our state income tax like the Federal government has? No. A few cities let you park in metered parking. But other than the HOV access....we get nada. So, Awnold, how are you going to encourage the public to go green? How are you going to encourage people to buy a hybrid when it comes time to replace that gas guzzler? What do you do about the people who can't afford to replace that gas guzzler? And no, they aren't all going to just take the bus. Unfortunately, the infrastructure of California still isn't public transportation friendly/practical. (And can you please put some solar panels on *my* roof?)
<div class='quotetop'>QUOTE(larkinmj @ Jul 31 2006, 09:08 AM) [snapback]295124[/snapback]</div> I disagree on the grounds that whatever it is called, this governor is out of his juridiction. The states are not sovereign "states" under international law, since the Constitution does not vest them with a capacity to conduct foreign relations. They are specifically prohibited from entering into any treaty, alliance, or confederation (see Article 1, § 10) (http://www.law.cornell.edu/constitution/constitution.articlei.html#section10). They may, however, prescribe and enforce rules of law having an effect on foreign relations unless the Constitution vests exclusive jurisdiction in the Federal Government and Congress has acted to occupy the field. For example, many foreign nationals who are present in the United states are subject to state law in ways that can have important consequences for U.S. foreign relations. If the governor simply wants the state to 'clean up' its act in a voluntary way to improve the air, let him get the legislature to pass the appropriate laws. To me this is no different than Louisiana's governor having trade and mutual benefit talks with Cuba. We shall see if it truly gains traction.
This is interesting to me. I will trust in your research, wstander, in that he's acting out of capacity and in violation of the Constitution. The air in my office is OUT and it's 99 degrees outside!?!?!? I don't have much energy to exhaust for research when I'm trying to get my real job done. Anyway, last week I had seen a carbon trading plan that some European countries (maybe all?) have enacted whereby carbon quantities are purchased and if the purchaser does not use all of them, they are sold back to the system and can be purchased by another entity. I'm not sure how this helps anything. What does it matter which entity is producing the emission? Is the theory just that because the carbon allowance costs money, people will be more apt to reduce their usage? What's your take on this?
I agree with SSimon that this is just sending the carbon from one place to another. Perhaps, if the price of that carbon is raised high enough, governments will force the changes and actually encourage change. I understand that states within the USA or the EU can trade; if California and Nevada want to cooperate, fine. But does that even help 'clean the air'?
gee Olympia has a sister city in Japan... we must be in violation as well. we do have cultural and student exchange programs... yep... we baaad
Ah, yes. It's been announced. I love an election year. Schools are fully funded and the environment gets support and promises of action. If only they had to run for office every year. Schwarzenegger criticizes Bush over environment Britain, California to cooperate UK, CA strike Global Warming deal Britain, California work together Blair, Schwarzenegger announce plan
<div class='quotetop'>QUOTE(DaveinOlyWA @ Jul 31 2006, 07:31 PM) [snapback]295475[/snapback]</div> Cultural exchanges are just a bit different than treaties/agreements between sovereign states.
<div class='quotetop'>QUOTE(DaveinOlyWA @ Aug 1 2006, 06:47 AM) [snapback]295652[/snapback]</div> How nice; did your governor sign a contract/treaty/ or other legally binding document with the Mayor of Olympia, Japan?
