ARKANSAS English Checks Have Begun, They’re checking ALL trucks

Along with 876,000+ CDL’s issued since 2021

 

NOT MAKING THIS A POLITICAL POST - IT IS HISTORICAL/LEGAL​

You don't vote for a president who has no power to change the judiciary, you vote for your representative who votes to change it.

The Congress of the US and having the agreement by the president, via his signature, was given this power to limit the courts because the founding fathers DID NOT TRUST JUDGES TO ABIDE BY THE PEOPLE'S WISHES.

They were right not to trust the courts, this idea of having three branches would mean they had also the power to organize and create lower courts but again only congress can do that.

And this is where congress needs to step in and tell the courts that they already ruled and the lower courts are not where these laws are judged.

No ONE can invoke their 5th Amendment rights when dealing with these FMCSA issues as being investigated.
as a driver is thinking "But Why? the youtube lawyer said I could."

Because of something that most of you drivers/owners do not get, this is administrative law enforcement, not criminal or civil law enforcement. Even many cops do not get this part, there is nothing within the scope of a normal operation of the truck by a driver/carrier that carries criminal/civil penalties.

Don't like it - too bad, this is how the constitution has been structured and how our laws work.

Wrong, you have the same exact personal rights as a citizen/legal resident but there is an added burden of being part of a class of people who are REGULATED.

This means that when you apply and accept the responsibility of having a CDL, you agree to abide by a different and more stringent set of rules called regulations and this has been given to the feds through the IC clause to regulate interstate commerce.

Again don't like it - TOO BAD!!!

NO!! I just explained why.

NO, there is a bit of a difference. The powers of the state to regulate their citizens (outside of the state is considered foreign) is something to keep in mind. I said that if Michigan passes a law that all truck drivers are required to wear bowler hats on Sunday, and the state cops pull over a truck from Ohio, they can not force that driver to wear a bowler hat or fine him/her. The jurisdiction state of the driver is with Ohio, not with Michigan. However is the driver forgets that he has no lights and tries to drive at night, because there is an agreement between the states to enforce a specific fixed set of rules, they can ticket someone for no lights.

I know that makes no sense, but when you dig deep into the history of the colonies and how everything evolved with the constitution being debated, you will see what I am saying is correct then as it is now.

Another example is this - CARB can not prevent any foreign registered truck from entering the state of California because it can not, under the Constitution, legally regulate interstate commerce. While many comply with this asinine threat, many don't, and it isn't constitutional unless the state where the truck is registered has the same rules.

No, judicial review was not allowed until Marbury when the SC grabbed it from the people. Until that time, the power of Congress mattered more than the power of the courts, and if we stick to the constitution, the power never was given to the courts; the is no legislation that says judicial review is allowed. As I have said many many times, the courts - ALL THE COURTS - do not have the final say, only Congress and the president.

Now, just as a side note and still not talking politics, the SC has only a few duties it is supposed to fulfill, and can not refuse them. One of them is to settle disputes among states, all states have standing no matter what, but in 2000, the SC said Texas had no standing when there was a dispute with Pennsylvania, which means as soon as that happened, the SC sitting justices became invalid.

So, back to the FMCSA and administrative enforcement, the reason why this regulation will not be over turned is the following -
The executive branch’s authority to enforce laws and regulations as administrative law has been shaped by key Supreme Court cases, including Chevron v. NRDC (1984, overruled 2024), United States v. Mead (2001), INS v. Chadha (1983), Loper Bright Enterprises v. Raimondo (2024), and Seminole Rock/Auer (1945/1997). These cases affirm that agencies can enforce regulations when Congress delegates authority, subject to statutory and congressional oversight.

NOT MAKING THIS A POLITICAL POST - IT IS HISTORICAL/LEGAL​

 

3 pages of comments to argue with one brainless communist...He doesn't deserve that kind of attention.
It would be nice if this forum was having a blocking function like Disqus has.

 

Really? Personal attacks? I guess I will leave it at that. You dont deserve that kind of attention.

 

Honestly presidential elections generally dont mean a lot. Often times I find myself voting AGAINST a candidate rather than FOR a candidate. Lets see, I voted against Carter (Ford), for Reagan, for Reagan, against Dukakis (Bush), against Clinton AND Bush (Perot), against Clinton (Dole), against Gore (Bush 2), against Kerry (Bush 2), for McCain (Obamma), in 2012 I wrote in Micky Mouse/Donald Duck because I couldnt vote for either Obamma or Romney, against Hillery (Trump), against Trump (Biden), and against Harris (Trump).

I voted for Reagan twice and McCain once and the rest were votes AGAINST people (but I did cast 1 vote once in my life for a democratic candidate so I guess that makes me a communist).... I agree with George Carlin. It doesnt matter who we elect, the owners of this country run it and thats the super rich. They decide what happens.

As for the power of the courts, on that we are going to disagree and there is little either of us will say that will sway the other. I AM a believer in the court system (with the exception of Supreme Court for life), probably because my best friend since 1st grade is a lawyer. He always said I would have made a good one. I am not even going to address this because as I said, we arent going to agree on it.

As for the FMCSA and constitution, this is why I disagree with the read/write english reg being enforced. Until english IS actually adopted as the official language (which again, to make MY position clear, I am 100% in favor of) it is a violation of the 1st amendment. And I fully expect the courts to rule as such. And it is my belief that was the reason they havent enforced that reg since 2016. I googled FMCSA and the constitution:
AI Overview
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The relationship between constitutional rights and the FMCSA (Federal Motor Carrier Safety Administration) involves ensuring that FMCSA regulations are applied fairly and don't infringe on individual rights, especially those related to freedom from unreasonable searches and seizures, free speech, and freedom of association. The FMCSA, as a federal agency, must also adhere to constitutional principles when enforcing regulations.

Now you are going to say the court has no say and I will say it does, so we will wait and see who is right on this.

On this one you are flat out wrong. And you can ask any lawyer in the country who is right on this. I googled when can someone invoke the 5th amendment and got this:
AI Overview
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The 5th Amendment right against self-incrimination can be invoked when an individual is compelled to provide information to the government, and that information could potentially incriminate them in a criminal matter. This includes situations like police interrogations, testimony in legal proceedings, or responding to subpoenas that require producing documents.

So basically you have the 5th amendment right anytime you are dealing with police in any manner that could result in your arrest, including FMCSA. And since "lying to the police" is a criminal offense, effectively ANYTHING you say EVER to a cop is a potential arrestable offense.. You ask ANY attorney (defense OR prosecutor) and they will ALL say NEVER TALK TO THE POLICE. EVER. Ask one once, see if I am wrong. Hell, I know cops that will say this. If you never talk to the cops you can never be accused of lying to them. Nothing you say is going to help you anyway, so why bother?

Great video on the subject (this isnt a you tube lawyer, this is a law professor and a 28 year cop, and even the cop agrees) - note I am not saying people should be arrogant a holes to the cops, but I have no problem saying "with all due respect officer, my attorney has told me to never talk with police so I am invoking my 5th amendment right to remain silent" - and if he continues to question me (which I had happen once) I say "officer, I am now invoking my 6th amendment right to speak with a lawyer, please provide one for me before you ask any more questions" - polite, respectful, calm:


Citizen rights outside their state:
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The Constitution generally guarantees U.S. citizens the right to travel and be treated equally regardless of their state of origin when they move between states. Specifically, the Privileges and Immunities Clause in Article IV, Section 2, Clause 1, ensures that a state cannot discriminate against citizens of other states. This means they must be afforded the same fundamental rights and privileges as its own citizens.

 

Looks like this guy's incessant trolling and arguing will have this thread locked soon too.

 

And yet we have CARB, using their own rules affecting people from other states who want to do business in California. Lolololol

In the grand scheme of things I don’t care if people can communicate or not, they just need to start pulling over the junk trucks with paper signs taped to the side of their bunk and verifying they have insurance and finding out just who owns the authority they’re running on. Make it so nobody can use a service to file their paperwork wherever they want. Make it so you actually have to live here to get authority no matter where you came from. FMCSA needs to certify a short list of ELD providers and get rid of the ones with overseas “tech support”. Amazon and other need to be brought into the mix when some non driver that was hired by a contractor piles into a bunch of cars. All of those things combined would up the English proficiency in the industry and would also help the rates.

 

And they really need to look into these shady companies that are using complexes as a place of this and having multiple if not dozens of companies listed at one apartment… This problem has to be fixed immediately as well

 

Personally, I dont have a passport to go to that country

 

You seriously have never drove in a Semi Truck OTR if you need a study. What kind of study would you need to do? Ask them in English or what language would you need to ask them to do the study?

Every unsafe driver is a problem. Why cover for one and not all? You are okay with a Non English driver killing someone but hold the line when it comes to a drunk driver? Make that make sense!