I read in !emc-pstc that Peter L. Tarver <[email protected]> wrote (in <[email protected]>) about 'jurisdiction, overlap, and delegation in USA rules.' on Tue, 21 Jan 2003: >> That's what I meant by 'delegated....' > >Except that there is no delegation. Rather, the case is one >of supersession: municipal to county to state to federal, >in that order. Generally, the "higher" level of government >trumps the "lower." However, a number of complaints and >court cases have been brought by the "lower" governmental >bodies against "higher" levels of government for treading on >their jurisdiction where they have questionable legal basis >to.
OK, this is a semantic issue. IMHO, 'delegation' is the appropriate word if there is a written law that prescribes how authority is allocated. If, OTOH, it is a situation like English 'common law', which is not necessarily written as a statute but stems from tradition and case law, then 'supersession' may be the better word. I *think* that the autonomy of the US states is of that nature, the federal Constitution simply affirming what was already established. -- Regards, John Woodgate, OOO - Own Opinions Only. http://www.jmwa.demon.co.uk Interested in professional sound reinforcement and distribution? Then go to http://www.isce.org.uk PLEASE do NOT copy news posts to me by E-MAIL! This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. Visit our web site at: http://www.ewh.ieee.org/soc/emcs/pstc/ To cancel your subscription, send mail to: [email protected] with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Ron Pickard: [email protected] Dave Heald: [email protected] For policy questions, send mail to: Richard Nute: [email protected] Jim Bacher: [email protected] All emc-pstc postings are archived and searchable on the web at: http://ieeepstc.mindcruiser.com/ Click on "browse" and then "emc-pstc mailing list"
