It falls under interstate commerce, and we want it that way. This is one of the few things States shouldn’t regulate.
Rest of the country is already forced to put up with CA’s Emission BS and whatever else they mandate. Every manufacturer just makes cars that meets CA’s stupid standards, and it raises the price on thm all.
I get your point. Reviewing the SCOTUS cases, the early cases were constrained to “commerce” and only later did they shift to “regulate.’ That clause has grown legs beyond the scope of what it originally meant.
“Whatever amounts to more or less constant practice, and threatens to obstruct or unduly to burden the freedom of interstate commerce is within the regulatory power of Congress under the commerce clause, and it is primarily for Congress to consider and decide the fact of the danger to meet it.”
- Chief Justice Taft, in the Olsen case.
That should have smashed California’s emission standards for out of state conveyance. The morality issue tied to the policing of evil in previous interpretations, didn’t stop pornography.