Help with a couple of questions on the law?

[dalon]

1) Assume Congress passes a law that says the maximum speed limit on an interstate highway is 70 miles per hour and that it has the power under the constitution to do so. Assume the state of New Jersey passes a law that says the maximum speed limit on all highways in its state is 65 miles per hour. What is the maximum speed limit in New Jersey, 70 miles per hour or 65 miles per hour?
2)John’s home had been in his family for over 100 years. It was taken by the City of San Jose in order to build the extension of Highway 87 that goes from downtown San Jose to the San Jose airport. What is the name of the power that the City was exercising in order to take John’s home? What is the name of the clause in the U. S. Constitution requires that the City pay him for his home?

[larry]

1) 65, *UNLESS* the Federal law contains language prohibiting States from imposing lower limits.

2) "Eminent domain". It is regulated by the "takings" clause of the 5th Amendment, which reads "...nor shall private property be taken for public use, without just compensation."

Richard