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Super Contributor
Zooey
Posts: 15,906
Registered: ‎01-10-2002

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


normh wrote:

Zooey wrote:

You just said five minutes ago that the "the Fed.'s attempted to pass a national speed limit via EO" [sic].  Now you agree it was actually a law passed by Congress? 


Initially Pres. Carter attempted to pass it by EO.


That would have been strange, considering that the bill was signed by Nixon in early 1974. 

 

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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


normh wrote:

Zooey wrote:

You just said five minutes ago that the "the Fed.'s attempted to pass a national speed limit via EO" [sic].  Now you agree it was actually a law passed by Congress? 


Initially Pres. Carter attempted to pass it by EO.

Even after Congress enacted legislation, Nevada refused to comply.  Nevada lost highway funding,  The Fed.'s had to repair federal highways at 100 percent cost.  The concrete highway that runs from Wendover to Reno was a very expensive highway for the fed.'s to maintain.

Last I was over that concrete highway, most of the concrete was now paved over with tar.  That happened after Nevada again recieved highway funding.  The very poor decision of using concrete was another of those ill thought out federal decisions.


If they lost highway funding, they must have agreed to get it back very soon.  According to this, Nevada was trying to get around the 55 speed limit in 1981.

 

Various states enacted legal measures to tiptoe around the 55 mph limit:

  • Arizona, Idaho, Montana, Nevada, and Utah replaced traditional speeding fines with $5–$15 energy wasting fines as long as drivers did not exceed the speed limit in effect before the 55 mph federal requirement.[22]
    • Nevada's energy wasting fine was enacted on April 15, 1981, when signed by Governor Robert List. Motorists not exceeding 70 mph (110 km/h) in 55 mph (89 km/h) zones could be issued $5 "energy wasting" fines. However, standard speeding tickets were still allowed and "troopers were directed not to take the new law as a signal to stop writing tickets".[26]
--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


normh wrote:

 


I was born in Carson City.  I had lived in Verdi at your end.  I also lived at various times in Elko, Las Vegas, Henderson, Stewart, and Boulder City, as well as a couple of smaller ranching towns.

I graduated HS in Ca.

I attended college in Utah.


Cool.  Actually, I'm southwest of Carson.

 

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Super Contributor
normh
Posts: 4,839
Registered: ‎04-05-2008

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!

[ Edited ]

guido61 wrote:

normh wrote:

guido61 wrote:

That's nice for Nevada.  Too bad this guy isn't sheriff of Pershing County perhaps.  But if you're old enough to remember that then you're also certainly old enough to remember how in the 1980s every state in the union who didn't already have a drinking age of 21 changed their to 21.  How did the feds accomplish that feat?

By threatening to take away their highway funds.   And Georgia was one of those states.


And how was that accomplished?  There are still states that have 18 as the legal drinking age.

You may refer to this Wikipedia page to verify the veracity of my claim and the total bullshit of yours:

http://en.wikipedia.org/wiki/U.S._history_of_alcohol_minimum_purchase_age_by_state


From your own link:

From 1976 to 1983, several states voluntarily raised their purchase ages to 19 (or, less commonly, 20 or 21), in part to combat drunk driving fatalities. In 1984, Congress passed the National Minimum Drinking Age Act, which required states to raise their ages for purchase and public possession to 21 by October 1986 or lose 10% of their federal highway funds. By mid-1988, all 50 states and the District of Columbia had raised their purchase ages to 21 (but not Puerto Rico, Guam, or the Virgin Islands, see Additional Notes below). South Dakota and Wyoming were the final two states to comply with the age 21 mandate. The current drinking age of 21 remains a point of contention among many Americans, not least because of it being higher than the age of majority (18 in most states) and higher than the drinking ages of most other countries. The National Minimum Drinking Age Act is also seen as a congressional sidestep of the tenth amendment. Although the issue has been on the back burner for a while, a few states are currently considering lowering their drinking ages,[1] while Guam has raised its drinking age to 21 in July 2010.[2]


Believe as you will.

Footnote 1
^ Keen, Judy (2008-04-01). "States weigh lowering drinking age". Usatoday.com. Retrieved 2009-09-06.

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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!

Is THIS the incident you're thinking of?

On June 1, 1986, Nevada ignored the NMSL by posting a 70 mph (110 km/h) limit on 3 miles (5 km) of Interstate 80. The Nevada statute authorizing this speed limit included language that invalidated itself if the federal government suspended transportation funding. Indeed, the Federal Highway Administration immediately withheld highway funding, which automatically invalidated the statute by its own terms.[12]

Because I can find nothing about Nevada refusing to comply with the speed limit in the 70s and losing highway funds because of it.

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Super Contributor
normh
Posts: 4,839
Registered: ‎04-05-2008

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


guido61 wrote:

Cool.  Actually, I'm southwest of Carson.

 


If I recall correctly from previous posts, you live in Lake Tahoe.

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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


normh wrote:

 


Believe as you will.


Believe WHAT as I will?  History and facts?

The truth is the feds, under Reagan, wanted to raise the drinking age in every state to 21.  They did it by threatening highway funds, and every state complied.  Ask any musician playing in any of those states during that period about it.  They all know because the once-lucrative club circuit dried up after that.

You can try to play games by pointing to various oddities in various state laws about whether it's legal for a kid to drink at home or not, but the law was about people under 21 people able to PURCHASE alcohol. 

And what in the world does some states presently thinking about trying to lower the ages again now, 25 year later, have to do with anything that happened back then?

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Super Contributor
fretmess
Posts: 4,045
Registered: ‎06-06-2003

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


guido61 wrote:

Is THIS the incident you're thinking of?

On June 1, 1986, Nevada ignored the NMSL by posting a 70 mph (110 km/h) limit on 3 miles (5 km) of Interstate 80. The Nevada statute authorizing this speed limit included language that invalidated itself if the federal government suspended transportation funding. Indeed, the Federal Highway Administration immediately withheld highway funding, which automatically invalidated the statute by its own terms.[12]

Because I can find nothing about Nevada refusing to comply with the speed limit in the 70s and losing highway funds because of it.


Believe what you believe??????

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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


normh wrote:

guido61 wrote:

Cool.  Actually, I'm southwest of Carson.

 


If I recall correctly from previous posts, you live in Lake Tahoe.


Yes.  South Shore.  Southwest of Carson.

Actually, I'm buying a new house and moving to Carson soon.

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Super Contributor
normh
Posts: 4,839
Registered: ‎04-05-2008

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


guido61 wrote:

normh wrote:

Zooey wrote:

You just said five minutes ago that the "the Fed.'s attempted to pass a national speed limit via EO" [sic].  Now you agree it was actually a law passed by Congress? 


Initially Pres. Carter attempted to pass it by EO.

Even after Congress enacted legislation, Nevada refused to comply.  Nevada lost highway funding,  The Fed.'s had to repair federal highways at 100 percent cost.  The concrete highway that runs from Wendover to Reno was a very expensive highway for the fed.'s to maintain.

Last I was over that concrete highway, most of the concrete was now paved over with tar.  That happened after Nevada again recieved highway funding.  The very poor decision of using concrete was another of those ill thought out federal decisions.


If they lost highway funding, they must have agreed to get it back very soon.  According to this, Nevada was trying to get around the 55 speed limit in 1981.

 

Various states enacted legal measures to tiptoe around the 55 mph limit:

  • Arizona, Idaho, Montana, Nevada, and Utah replaced traditional speeding fines with $5–$15 energy wasting fines as long as drivers did not exceed the speed limit in effect before the 55 mph federal requirement.[22]
    • Nevada's energy wasting fine was enacted on April 15, 1981, when signed by Governor Robert List. Motorists not exceeding 70 mph (110 km/h) in 55 mph (89 km/h) zones could be issued $5 "energy wasting" fines. However, standard speeding tickets were still allowed and "troopers were directed not to take the new law as a signal to stop writing tickets".[26]

We are speaking of nearly 40 years ago.  If I recall correctly, that fine was enacted nearly a year later.

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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!

From the legal case regarding that 3-mile-stretch incident in 1986:

 

                               STATEMENT

   1. In response to the Arab oil embargo of 1973, Congress enacted
the Emergency Highway Energy Conservation Act, Pub L. No. 93-239, 87
Stat. 1046, which precluded the Secretary of Transportation from
approving federal funding for highway projects in States that have a
maximum speed limit in excess of 55 miles per hour.  S. Rep. No. 1111,
93d Cong., 2d Sess. 17 (1974).  Although the primary purpose of the
Act was to promote energy conservation, Congress also believed that
the lower speed limit would produce safety benefits in the form of
reduced accident fatalities and injuries.  See 119 Cong. Rec. 39,257
(1973) (Rep. Blatnick);  id. at 39,258 (Rep. Cleveland);  id. at
41,646 (Sen. Stafford).

   One year thereafter, Congress enacted the Federal-Aid Highway
Amendments of 1974, Pub. L. No. 93-643, 88 Stat. 2281, now codified at
23 U.S.C. 154(a), making permanent the condition that "(t)he Secretary
of Transportation shall not approve any (federal-aid highway) project
* * * in any State which has * * * a maximum speed limit on any public
highway within its jurisdiction in excess of fifty-five miles per
hour." /1/ In enacting this provision, Congress emphasized again both
the energy conservation and safety benefits of the law.  See H.R. Rep.
No. 1567, 93d Cong., 2d Sess. 9-10 (1974).  /2/

   2. In 1985, the Nevada legislature enacted legislation authorizing
the Nevada Department of Transportation to establish speed limits up
to 70 mph on highways and roads within the State.  Nev. Rev. Stat.
Section 484.369 (1967);  Pet. App. 62a-63a.  The higher speed limits
were to go into effect on July 1, 1986, but were to expire if federal
funds were withheld as a result.  Pet. App. 45a, 62a.

   On July 1, 1986, the Nevada Department of Transportation
established a speed limit of 70 mph on a 3-mile section of Interstate
80.  Pet. App. 45a-46a.  The Federal Highway Administration
immediately informed the State that it was withholding approval of
federal funds for a designated highway project that had previously
been submitted for approval, and that it would be unable to approve
funds for other projects until the State resumed compliance with
federal law.  The Nevada statute then expired by its own terms, and
the 55 mph speed limit was restored.  Pet. App. 46a.

 

http://web.archive.org/web/20100829052646/http://www.justice.gov/osg/briefs/1989/sg890328.txt

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Super Contributor
normh
Posts: 4,839
Registered: ‎04-05-2008

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


fretmess wrote:

guido61 wrote:

Is THIS the incident you're thinking of?

On June 1, 1986, Nevada ignored the NMSL by posting a 70 mph (110 km/h) limit on 3 miles (5 km) of Interstate 80. The Nevada statute authorizing this speed limit included language that invalidated itself if the federal government suspended transportation funding. Indeed, the Federal Highway Administration immediately withheld highway funding, which automatically invalidated the statute by its own terms.[12]

Because I can find nothing about Nevada refusing to comply with the speed limit in the 70s and losing highway funds because of it.


Believe what you believe??????


I graduated in 1976, using that as a baseline.  1986 - 1976 = 10.

Ten years later than the time I am speaking of.

Another glaring error you are making is that I specifically mentioned Pres. Carter.  Regan was the President in 1981.

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Super Contributor
normh
Posts: 4,839
Registered: ‎04-05-2008

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


guido61 wrote:

normh wrote:

guido61 wrote:

Cool.  Actually, I'm southwest of Carson.

 


If I recall correctly from previous posts, you live in Lake Tahoe.


Yes.  South Shore.  Southwest of Carson.

Actually, I'm buying a new house and moving to Carson soon.


While too young to remember much other than a bee sting and a boat ride on Tahoe, at about four I lived in Sun Valley which is not to far from Lake Tahoe.

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Super Contributor
Zooey
Posts: 15,906
Registered: ‎01-10-2002

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


guido61 wrote:

normh wrote:

 


Believe as you will.


Believe WHAT as I will?  History and facts?

The truth is the feds, under Reagan, wanted to raise the drinking age in every state to 21.  They did it by threatening highway funds, and every state complied.


But not by executive order.  That was also legislation enacted by Congress in 1984 and signed by Reagan.

The whole reason I thought we got on this discussion about speed limits and the drinking age is because Normh offered them as examples as substantive changes in the law enacted through executive order.  It's not true in either case. 

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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


normh wrote:

fretmess wrote:

guido61 wrote:

Is THIS the incident you're thinking of?

On June 1, 1986, Nevada ignored the NMSL by posting a 70 mph (110 km/h) limit on 3 miles (5 km) of Interstate 80. The Nevada statute authorizing this speed limit included language that invalidated itself if the federal government suspended transportation funding. Indeed, the Federal Highway Administration immediately withheld highway funding, which automatically invalidated the statute by its own terms.[12]

Because I can find nothing about Nevada refusing to comply with the speed limit in the 70s and losing highway funds because of it.


Believe what you believe??????


I graduated in 1976, using that as a baseline.  1986 - 1976 = 10.

Ten years later than the time I am speaking of.

Another glaring error you are making is that I specifically mentioned Pres. Carter.  Regan was the President in 1981.


I spoke of Reagan regarding the drinking laws. 

The Speed Limit thing occurred under Nixon.  And by all accounts, Nevada complied except for a 3-mile section of I-80 in 1986 that lasted for maybe a few days?

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


normh wrote:

 


While too young to remember much other than a bee sting and a boat ride on Tahoe, at about four I lived in Sun Valley which is not to far from Lake Tahoe.



"Sun Valley"???  You mean north of Sparks?  That's actually pretty far from Lake Tahoe.  Much closer to Pyramid Lake, actually.

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Trusted Contributor
guido61
Posts: 28,325
Registered: ‎12-09-2001

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


Zooey wrote:

guido61 wrote:

normh wrote:

 


Believe as you will.


Believe WHAT as I will?  History and facts?

The truth is the feds, under Reagan, wanted to raise the drinking age in every state to 21.  They did it by threatening highway funds, and every state complied.


But not by executive order.  That was also legislation enacted by Congress in 1984 and signed by Reagan.

The whole reason I thought we got on this discussion about speed limits and the drinking age is because Normh offered them as examples as substantive changes in the law enacted through executive order.  It's not true in either case. 


No.  Somewhere we got off the EO thing and onto whether the feds could compel the states to go along with federal law.  I used the speed limit thing as an example and then Norm went off on this silly thing about Nevada not complying which doesn't appear to be true.

--David

FOR SALE: DBX Driverack PX; DBX 231 EQ; Behringer Racktuner; Rane SAC 22 crossover; Alesis D4 drum module; Line 6 Pod Pro rackmount.

Band website: http://www.JumpStartYourParty.com
http://www.gigmasters.com/Rock/Jump-Start/

Stage gear: Korg Kronos, Yamaha Motif, M-Audio Venom, Neo Ventilator, Digitech GSP-1101, Fender Stratocaster, Takamine Eg544SC, Samson SM10 line mixer, Alesis Picoverb, Samson Airline 77 Wireless, APC Smart-UPS SC 450VA
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Super Contributor
normh
Posts: 4,839
Registered: ‎04-05-2008

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


guido61 wrote:

normh wrote:

fretmess wrote:

guido61 wrote:

Is THIS the incident you're thinking of?

On June 1, 1986, Nevada ignored the NMSL by posting a 70 mph (110 km/h) limit on 3 miles (5 km) of Interstate 80. The Nevada statute authorizing this speed limit included language that invalidated itself if the federal government suspended transportation funding. Indeed, the Federal Highway Administration immediately withheld highway funding, which automatically invalidated the statute by its own terms.[12]

Because I can find nothing about Nevada refusing to comply with the speed limit in the 70s and losing highway funds because of it.


Believe what you believe??????


I graduated in 1976, using that as a baseline.  1986 - 1976 = 10.

Ten years later than the time I am speaking of.

Another glaring error you are making is that I specifically mentioned Pres. Carter.  Regan was the President in 1981.


I spoke of Reagan regarding the drinking laws. 

The Speed Limit thing occurred under Nixon.  And by all accounts, Nevada complied except for a 3-mile section of I-80 in 1986 that lasted for maybe a few days?


Is it not about 387 miles from Wendover to Reno?  The reason I am pointing this out is that the contested area was only 3 miles and the distance of one highway that was as fast as you could safely drive was 100 times that. (Safely was more or less defined as condition of vehicle, road, and weather conditions.)

Per your below quote, you more accurately date the incident that you and I are speaking of as 1974.  This is about when Carter attempted to enforce a national speed limit via EO.  Nevada threw it right back in his face.

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Super Contributor
mauser
Posts: 13,984
Registered: ‎10-26-2007

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!

Good for him.

The Sheriff of Dade County , GA feels the same way.
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Super Contributor
normh
Posts: 4,839
Registered: ‎04-05-2008

Re: Cherokee Co. sheriff will not enforce 'unconstitutional' regulations!!!


guido61 wrote:

normh wrote:

 


While too young to remember much other than a bee sting and a boat ride on Tahoe, at about four I lived in Sun Valley which is not to far from Lake Tahoe.



"Sun Valley"???  You mean north of Sparks?  That's actually pretty far from Lake Tahoe.  Much closer to Pyramid Lake, actually.


Long time ago, but no, not north of Sparks.  A little place just off Lake Tahoe,  I could very well be confising the name.  As I said I only remember two things from that time.

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