Some have more rights than others... Why?

[tampabaynews]

Or the states have a right to legislate on these issues since Congress didn't.

Exactly. Some people don't realize that states are different government entities and can create their own laws.

 

[W2PMX]

Since the federal government did (in effect) legislate the matter (federal legislation is the legal equivalent of federal law), 91-36 renders all state and local law on the subject (only on the subject it addresses) totally void. Local courts can't overrule the federal government. Just print up a copy and keep it in your car. If an officer still insists on writing a ticket, it's capricious enforcement (or whatever your local law calls it) and you're most likely entitled to payment for your time and trouble needed to inform the court to throw the charge out. (And unless the officer has some expertise that's relevant in a court, "scanner" and "transceiver" don't enter into the matter, since he won't be able to effectively testify which it was that you were running.)

 

[rwier]

It's the American way. Some feel privileged to distort laws to serve their own purposes.

Or, the American way equals a great Constitution combined with the freedom for the citizens to be lazy and allow aggressive lobbyists and other special interest groups to make the rules.