“”2: Washington has no legitimate intrastate authority over a plant.”
Or nuclear material. Or Biological material. Or Toxic Material.”
I would agree with all of those things, If a state wishes to control any domestic activity it must do so thou state & local laws not Federal edicts.
If your so conserned about nuclear menterials or Bioligical materials there is no reason in the world every state can’t craft its own set of laws on the subject.
I would wager many states would be a bit less unreasonably restrictive, and in any cases the really bad stuff that makes it thou the cracks will do so with or without Washington’s edicts.
Indeed do you know how Washington restricts the supply of fissionable materials? They buy it all up. Otherwise they have no control over the supply anywhere in the world, and the truth is they don’t really have fully control of it here in the US either.
The problem with building a nuke is obtaining a sufficient amount of the fissionable materials along with all the required skill sets and technology. Up until now at least that’s been difficult for even state funded actors to do.
Anthrax is a lot easier.