Note that the first numbered clauses that the Founding States put into the federal Constitution, Sections 1-3 of Article I, clarify that all legislative powers of the federal government are vested in the elected members of Congress. This means that Congress has a constitutional monopoly on federal legislative power whether it wants it or not. So there's many so-called "independent federal regulatory agencies," such as EPA, that shouldn't exist imo.
I don't know about NY's constitution, but some states incorporated similar language into their constitutions concerning who has the state's legislative powers. Based on the judge's remark about big soda ban, NYC probably has similar codes.
Interesting. So are you implying that the XA in federal law could override a state’s constitutional law if the state has a constitution that cedes legislative power to the federal government? FReepmail me if you like, topic is off the thread.