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happyslug

(14,779 posts)
27. If you could get around the concept that a public utility must serve all people in their area.
Tue Dec 10, 2013, 12:55 AM
Dec 2013

Remember a public utility MUST provide service to anyone in their service area. If the Abortion Clinic is away from other similar services (and what I mean by that is away from other doctors, hospitals and other users of the power they normally use), then yes.

The problem is those areas that can provide the utility services needed by an abortion clinic (and they need access to decent water supply and sewerage) is itself restricted. I once looked at a house that had a septic system, but the owner had used it as a hair salon. I ran away from that place as soon as I could, hair salons use a lot of Chemicals that a Septic tank is NOT designed to handle, thus I if I bought the house (it has several acres attached to it), I was looking as a complete new septic system would have to be installed.

Having a decent sewerage system is more important to a Abortion clinic (or ANY medical provider) do to the chemicals they use to clean and disinfect. Thus the state could ban abortion clinics from areas served by Septic system and no one would object.

NSA is a tremendous power hog, if it was to move anywhere. Thus it would be a drain on any power system and thus the state could restrict where it would go. The same with Abortion clinics, the state could restrict them to areas where they have limited drain on utility service.

Remember we are NOT talking about an office in either case, but in the case of the NSA a large building drawing a lot of power. The same with an abortion clinic, it has utility needs, like any modern medical provider needs. Medical provides are NOT found in the boon docks, but in county seats or other areas with decent sewerage systems. If the State bans certain activities from occurring in an area of a utility provider, that utility provider will be forbidden from providing service.

Now, the rule has to be "reasonable", i.e. there has to be a reason for the rule, even if the reason is different from the one proposed when the rule was adopted, but any reasonable justification for the rule would work.

Now, if the NSA opens a hiring office in Arizona, then it will get Utility Service of similar offices get such service, but in the case of NSA and this law the assumption is a NSA building to house part of its data. Thus, like an abortion clinic can de denied service by the State on the grounds it is to much a drain on the utility.

Please note, many states already do this to Abortion Clinics. 87% of all counties have no abortion clinic, often denying such clinic access to utilities:
http://www.huffingtonpost.com/2009/06/02/no-choice-87-of-us-counti_n_210194.html

In three states the number of Abortion clinics is one (and often restricted as to days it is open)

In the areas where Abortion clinics do exist, it is because the area serves business very much like abortion clinics in terms of utility usage and thus under the concept of public utility, must be provided services.

Lets remember, my point was to state what were the power of the State, and that includes regulations of in state utility service. Such regulations can provide restrictions as to who can access that utility service, if the restriction is reasonable for any reason. In the case of power hungary users, making sure the surge in usage does NOT interfere with other people right to such service is "Reasonable" even if it is NOT the stated reason for the rule.

This is the same rule the permits states to ban garbage dumps, to ban junk yards etc. If the Federal Government wants to disobey such rules it can, provided it can do so WITHOUT stepping on the powers of the State.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Remind me please how exactly can a state ban any federal agency without violating the constitution? cstanleytech Dec 2013 #1
It may put the NSA into a position pipoman Dec 2013 #4
.They can't "ban" them, but what they can do is Ranchemp. Dec 2013 #6
They can't do that either--nullification doesn't work for either side. nt geek tragedy Dec 2013 #7
Yeah they can. Ranchemp. Dec 2013 #9
Refusing to deploy resources is different from banning the NSA from operating in the state nt geek tragedy Dec 2013 #16
And I said in my earlier post that they can't ban them, but they can make it Ranchemp. Dec 2013 #18
Withholding water and electricity is nullification, not refusing cooperation. nt geek tragedy Dec 2013 #19
If we are talking about things under the control of the State, yes the State can ban them happyslug Dec 2013 #10
The feds however do have control over federal funds and how much the states get cstanleytech Dec 2013 #17
The feds also have supreme jurisdiction over the electric grid and the water supply. geek tragedy Dec 2013 #21
Why do that, all the Federal Government has to do is refused to transmit electricity to Arizona happyslug Dec 2013 #25
Read up on McCulloch vs Maryland. geek tragedy Dec 2013 #29
But can the Federal Government ORDER a state to do something? happyslug Dec 2013 #30
Yes, per the supremacy clause. nt geek tragedy Dec 2013 #31
The Supremacy clause only comes into play when they is a direct conflict happyslug Dec 2013 #33
None of that takes away from the fact that a state cannot interfere with geek tragedy Dec 2013 #35
So was the refusal of the Plaintiff Sheriffs to follow Federal law. happyslug Dec 2013 #36
The federal government cannot commandeer state resources to enforce federal statutes. geek tragedy Dec 2013 #37
What is state resources??? happyslug Dec 2013 #38
public utilities are n.ot resources of the state government geek tragedy Dec 2013 #39
Sorry, but the idea that states can cut off water and electricity to the enforcement of laws they geek tragedy Dec 2013 #20
My point was restricted to actual ownership of such services happyslug Dec 2013 #24
So, in your view, a state could cut off electricity geek tragedy Dec 2013 #26
If you could get around the concept that a public utility must serve all people in their area. happyslug Dec 2013 #27
You're greatly exaggerating state authority. geek tragedy Dec 2013 #28
I am following the Supreme Court happyslug Dec 2013 #34
NSA has managed to piss off both the left and the right. dixiegrrrrl Dec 2013 #2
So then all their defense would EC Dec 2013 #3
The NSA is hardly "all their defense".. pipoman Dec 2013 #5
Won't be upheld. The way to attack NSA is through Congress. Shrike47 Dec 2013 #8
More idiotic political grandstanding Coyotl Dec 2013 #11
Which wouldn't be possible if so many Dems weren't defending it. JoeyT Dec 2013 #12
Exactly. Indi Guy Dec 2013 #14
Because, you see, Internet traffic is bounded by the borders of AZ. LOL n/t jtuck004 Dec 2013 #13
That's rich, a GOPer worried about the constitution groundloop Dec 2013 #15
The person is a Tenther. nt geek tragedy Dec 2013 #22
A good start. blkmusclmachine Dec 2013 #23
FWIW, Ward is also the genius who proposed Blue_Tires Dec 2013 #32
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