Tuesday, June 12, 2012

If thats true.....

The AG has come out with an opinion saying the state cant set residency requirements stopping out of state people from owning in state liquor stores because it is a restriction on interstate commerce. I would imagine since residency restrictions are not considered legal I would think a similar opinion could strike down county residency requirements for government jobs or government contractors that some cities and counties have.

I imagine it would also have struck down the Democrats "jobs bill" that would have required the state give preferential treatment to in state contractors.

5 comments:

  1. I forget what exactly the rule is for city jobs, but regarding the jobs bill, you are correct.

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  2. "....because it is a restriction on interstate commerce"

    How does the AG figure out-of-state ownership is considered "interstate commerce", but had no problem with Silicon Phil and Junior Farr running the Kentucky convenience store cigarette illegal search and seizure operation to enforce their 216% tax increase?

    Who "selects" this fella again? Oh yeah, those illegally "selected" judges.

    The common thread in the state's logic is that if they benefit financially, then it is "constitutional".

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  3. The part of the constitution the AG is referring to is this one. The idea is that states cannot discriminate against non-residents without a really good reason.

    Article IV, Section 2

    The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

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  4. That's not the "commerce clause". Article 1 Section 8 grants the federal legislature power to regulate interstate commerce. The states cannot do it....except when they want to collect a 216% tax increase (or steal cars).

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  5. Honestly, I don't think the commerce clause has much to do with this question. The Article IV privileges and immunities clause is the real issue. That the AG's Office does not always contain the brightest minds, I will certainly agree.

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