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Babbling on does not change our Constitutions BOR's restrictions on our States, hugh.
I suggest you learn to live with them.
Again, I don't deny this. We're in agreement that the Constitution requires CA judges to adhere to the the 2nd Amendment.
Our Constitution requires CA judges to adhere to ALL of our Amendments & ALL of our rights, enumerated or not. -- You are irrationally denying that clear fact, hugh.
I didn't know making moonshine was a self-evident inalianable human right. A state does indeed have that power, since it's not enumerated.
We have the right to preserve food by making booze, beer or wine from our surplus corn, fruit or whatever; -- thus your ignorance on the subject of unenumerated rights is obvious.
Our self evident inalienable human rights are the same in any State of our Union. So says our supremacy clause & BOR's.
A state also has the power to outlaw prostitution. Many states do, but Nevadans might think it's an unalienable right for a woman to make money from her body as she chooses.
No hugh, States have the power to reasonably ~regulate~ the commercial aspects of prostitution. It's an unavoidable fact of life hugh, that a woman has an inalienable right to make money from using her body as she so chooses. -- We all do. --- The State can only TRY to regulate the more commercial aspects of such 'sinful' behavior.
It can't win, because individual rights get in its way.
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This exchange above is where you started your prostitution rant.
-- Unable to win your point on booze prohibition, you've switched to insisting that prohibitions on prostitution make your point.
In effect, you're insisting that "A state has the power to outlaw prostitution", because it's NOT "an unalienable right for a woman to make money from her body as she chooses."
-- Even though you admit that in Nevada, a woman does have "an unalienable right for a woman to make money from her body as she chooses."
Hugh, I suggest you think a bit more about the logic of your position.
You keep moving the target, as a thrasher will do, so here's a recap of the essence of why you are wrong:
A state also has the power to outlaw prostitution. - H.Akston
"No hugh" - tpaine
You are reduced to claiming that no state can outlaw prostitution! - H.Akston
"That is a constitutional fact." - tpaine
West Virginia has outlawed prostitution. - H.Akston
West Virginia Code:
§61-8-5. Houses of ill fame and assignation; penalties; jurisdiction of courts.
(b) Any person who shall engage in prostitution, lewdness, or assignation, or who shall solicit, induce, entice, or procure another to commit an act of prostitution, lewdness, or assignation; or who shall reside in, enter, or remain in any house, place, building, hotel, tourist camp, or other structure, or enter or remain in any vehicle, trailer, or other conveyance for the purpose of prostitution, lewdness, or assignation; or who shall aid, abet, or participate in the doing of any of the acts herein prohibited, shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period of not less than sixty days nor more than six months, and by a fine of not less than fifty dollars and not to exceed one hundred dollars; and upon conviction for the second offense under this section, be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred dollars and not to exceed two hundred fifty dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for not less than one year nor more than three years.
"The State of Va gets its power to write criminal law from its 'police power', hughie. " - tpaine
WVa's police power comes from the WV Constitution. - H.Akston, teacher of tpaine.
West Virginia Constitution:
"Among the powers so reserved to the states is the exclusive regulation of their own internal government and police;" - Article I-2
http://www.terranova.net/Sheriffs-Report/
The owner of an county-wide escort business run out of a home on Big Pine Key pled guilty May 27th to four misdemeanor charges and two felony charges relating to his occupation. 48 year old Michael Knezevich, owner of the Heavenly Bodies Escort Service, was arrested April 14th after he was caught during a prostitution sting in Marathon. He was charged with forcing a person to become a prostitute, deriving support from the proceeds of prostitution, offering to procure a person for the purpose of prostitution and with transporting a person for the purpose of prostitution. Sheriff's detectives with the Special Investigations Division were investigating a number of complaints from citizens about the escort service operated by Knezevich, and other escort businesses operating in the County. On April 28th, detectives served a search warrant at his home on Lobstertail Road on Big Pine Key. They found evidence that he was operating the escort service from that location, and found recording devices set up in several areas where it appears he may have been video taping sexual encounters without the knowledge of his partners. They also found two firearms in the house. At the time, Knezevich had a restraining order filed against him which prohibited him from possessing firearms, so he was charged with contempt of court and the guns were seized. He appeared in court on May 27th and pled guilty to a total of four misdemeanor charges and two felony charges. He was sentenced to 10 days in the county jail and received four years of probation. As a part of the plea agreement, he must also sell his home and move out of the county within 90 days. One of the conditions of his probation is that he not engage in any type of escort business and that he have no contact with any victims or witnesses in the cases in question.
"Such laws [outlawing prostitution] cannot be enforced without violations of other individual rights." - tpaine
Nonsense. "Such laws" were enforced in Monroe County WVA with due process of law and all rights protected.
VA, WV, NC, and SC have all outlawed prostitution, which means they have made prostitution illegal. It doesn't mean they have "regulated" it. "Regulating" something means you tolerate the practice, but control it. Making something illegal, that is "outlawing" it, means you don't tolerate it at all. Many states have outlawed prostitution, constitutionally and legally.
"I didn't know making moonshine was a self-evident inalianable human right. A state does indeed have that power, since it's not enumerated." tpaine quoting H.Akston
"thus your ignorance on the subject of unenumerated rights is obvious" - tpaine flailing vainly and insanely against H.Akston
Enumerated rights? I was talking about enumerated powers - those are the ones given up by the States, to the US. Read carefully and you'll see the word "power", not "rights".
As of the 21st Amendment, States reserve the power to outlaw the manufacture of intoxicating liqors.
Here's a quote from Federalist 39 that should help you understand the context in which I used the word "enumerated":
"In this relation, then, the proposed government cannot be deemed a NATIONAL one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects."
When you call someone ignorant, try to know what you're talking about. I know it's hard for you. I'm a patient teacher though.