Strategies, Challenges, and Answers

The Nevada Legislature Can Constitutionally Regulate Commercial Carriers, Even If The Only Reason They Are Doing It Is To Raise Money

It’s amazing how the government finds ways to expand its reach. You give them an inch and they take a mile. The case of Ex Parte Iratacable, 55 Nev. 263, 30 P.2d 284 (1934) is a perfect example. In that case, the Nevada Supreme Court was asked to consider whether it was constitutional for the legislature to require motor carriers operating in the State of Nevada to be licensed. It is hard to imagine a day when the government was not breathing down the neck of the trucking industry. But this case, decided when automobiles were still a novelty and the interstate highway system was just a dream, reminds us that there was a day long ago when truck owners were responsible for their own safety and oversight . . .