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To: H.Akston

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.






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.

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H.Akston wrote:

"Regulating" something means you tolerate the practice, but control it, tax it, discourage it, whatever.

Making something illegal, that is "outlawing" it, means you don't tolerate it at all. Many states have outlawed prostitution, constitutionally and legally.


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Nope, not constitutionally. -- You can't constitutionally prohibit an "unalienable right for a woman to make money from her body as she chooses"; just as you admitted earlier.


446 posted on 07/26/2004 3:37:47 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: tpaine
"-- 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." "

No, I admitted that the people of Nevada may have decided that it's an unalienable right for a woman to make money from her body as she chooses. They may also have decided that it's just a privilege. Or, they might have decided that it's just an ordinary (alienable) right.

It's their 10th Amendment right to decide those things. They have the power to either outlaw, or to legalize, prostitution. They've chosen to legalize it, in at least a county or two.

Other States have decided to outlaw it. (as we see in West Virginia's code.) Obviously, in those states, they have decided that it's not an unalienable right for a woman to be a prostitute. I'm willing to let states decide these things for themselves.

"-- Unable to win your point on booze prohibition, you've switched to insisting that prohibitions on prostitution make your point. "

The booze thing is not as straightforward as prostitution, for teaching about 10th Amendment reserved powers. Me changing the subject was for illustration purposes, not because of any supposed inability to win my point. It was also easier to find examples of states outlawing prostitution, than from outlawing liqor, but the principle is the same. I like to make things as clear as possible for my students. Especially the earnest ones like you. States have the power to outlaw liquor production (making moonshine).

Have a look at the second section of the 21st:

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

"In violation of the laws thereof" is the key phrase. The laws of the state, are in control here, not the Federal govt. The 21st Amendment clearly gives the states the power to prohibit, or to not prohibit booze. In this way, it is somewhat redundant, because the 10th Amendment already accomplishes that.

"Hugh, I suggest you think a bit more about the logic of your position."

Rest assured, my position is logical. I'm not the one who confuses the words "regulate" and "outlaw", and forgets ("You can't constitutionally prohibit an "unalienable right for a woman to make money from her body as she chooses"; just as you admitted earlier." - tpaine) that search warrants can be used to enforce laws against prostitution, without violating 4th Amendment rights.

447 posted on 07/26/2004 7:49:55 PM PDT by H.Akston
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