By what constitutional authority does the state enforce speed limits and other arbitrary traffic laws/codes?

Attorney answers (3)

1. Licensed in FL

   

   Joshua Eli Adams

   Orlando Litigation Lawyer

   Contributor Level 14

   7

   Lawyers agree

   1

   Helpful vote

   Answered January 24, 2013 05:28. Your question is backwards. While the Federal Constitution is an enabling document, meaning that the Federal Government only has the powers specifically granted to it, the State Constitutions are the opposite. The States generally have powers unless specifically limited by the State or Federal Constitutions. The state legislature has the power to make these laws, and the executive has the power to enforce them.

   • Mark as helpful
   • Flag
2. 

   Rixon Rafter

   Fairfax Litigation Lawyer

   Contributor Level 20

   8

   Lawyers agree

   1

   Helpful vote

   Answered January 24, 2013 06:59. US Constitution--none. It is not applicable to state highways laws. Additionally, the US Constitutions is specifically designed to address certain issues, issues left unaddressed are lef to the People/states to decide (see 10th Amendment--Bill of Rights.)
   
   Your state Constitution likely has some provision regarding necessary and proper laws for public safety. Check it at http://www.leg.state.fl.us/statutes/index.cfm?m...
   
   If you are considering this as an argument against to fight a traffic citation, recommend you come up with an alternate theory. Best of luck to you.

   READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... moreREAD THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation. less

   • Mark as helpful
   • 1 comment
   • Flag
3. Licensed in FL

   

   Heather MorcroftPro

   Winter Park Constitutional Law Attorney

   Contributor Level 19

   

   EmailVisit website

   6

   Lawyers agree

   1

   Helpful vote

   Answered January 24, 2013 05:52. The state has the authority to enact reasonable laws for public safety.

   ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

   • Mark as helpful
   • Flag