Posted on 01/13/2005 11:53:07 AM PST by bob3443
Constitutional Arguments Against Smoking Bans
Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Smoking is a freedom of speech i.e. personal liberty. Such bans are tantamount to precluding peaceable assemblage in that those who may choose to smoke would have to separate themselves from the assembly.
Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Converting private property for public use refers to using property for the benefit of the population at large. To wit: condemning land for the use of building a municipal government center. The property owner will receive fair compensation.
If Government regulates the use of private property in such a way as will harm the profitability of a business located on said private property, or the fair market value of the property itself, and by such regulation declare or imply that said property is in fact public, it stands to reason that the government in the position of owing just compensation to the owner of said property.
Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
In order to be compensated for business losses directly attributed to a smoking ban, business owners will have the right to demand a jury trial if such losses are in excess of $20.00
Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Were a smoking ban to be enacted and said ban was violated by either the owner of a business or a customer of the business, such fines could be no more than a minimum fine imposed on any other minor infraction of the law. Further, any action taken by the enforcing body of the government can not be so excessive as to destroy the business itself. Such action might be, but not limited to. Criminal prosecution, excessive fines, graduated fines, cancellation of food, liquor or other types of licenses or any other action that could be construed to be use of power to intimidate the private property owner or client or guest of said owner.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The Constitution is indeed of the people, by the people and for the people. The passage of any type of ban is a “bad faith”: activity local and state government that violates the spirit and the intent of the Constitution. Such bans further pits the general desires of a specific group of people against the rights of the private property owner and the clients of said property owner.
Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The rights’ of the people are always preeminent to the rights of the government.
Amendment XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. A ban of any kind by its very definition is an abridgement of the privileges of the citizens. Bans create an inequality as they would relate to the protection of the laws.
Amendment XVIII Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress. (The fact that this amendment was repealed I feel speaks to the fact that the government overstepped its bounds by ratifying an amendment that was unto itself patently unconstitutional. It further demonstrates how even as great as our Constitution is, it can still be held hostage when those who govern us lose sight of the true purpose of this document.)
Amendment XXI Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. 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. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
Milkshakes are a regular part of the diet in this house.............
Hey, what can I tell you.....we eat venison and drink beer. belong to the NRA and just wish the government WOULD GO AWAY.
We're not exactly PC, if you get my drift!!!
That's the spirit!
THERE IS NO PROOF THAT SMOKING OR SECOND HAND SMOKE CAUSES CANCER. I SUGGEST YOU GO TO FORCES.ORG AND READ UP ON THE TOPIC BEFORE MAKING STATEMENTS THAT HAVE NO BASIS IN FACT.
MY RIGHT TO SMOKE HAS NOTHING TO DO WITH YOUR NOSE, ESPECIALLY IF I AM ON PRIVATE PROPERTY.
MY ENTIRE COMMENTARY WAS GIVEN TO FIVE SEPARATE ATTORNIES, THREE OF WHOM WHO DEAL WITH CONSTITUTIONAL ON A REGULAR BASIS. THEY ALL AGREED THE ARGUMENTS PRESENTED HEREIN. WERE BOTH SOUND AND WELL REASONED.
Thankee-say for the kind words about the recipe, Walter. Long days & pleasant nights! (recipe has also saved my marriage after each Dark Tower book debut)
just where are all these victims of 2nd hand smoke ?
the widows and orphans of bartenders, waiters, ushers, etc. ?
could it be due to the fact that there is no fact supporting the theory of second hand smoke ?
And chick is telling me to put some fiber in their diet?????
I like be an unsavory person person!! The rest of the names don't thrill me. but what the heck!!!!
It was a "day" today, so it was a matter of reheating of leftovers for dinner.
Dang. Now I feel the urge to twirl my Zippo between my fingers (ala Roland with a bullet).
Those lighters are gorgeous...........and I know we have at least 2.
That looks totally scrumptious! I'm gonna have to try it soon.
You have 2 Beattie Jet lighters?
Save them. The one that I posted the pic of is worth $250.00.
I'm getting 3 from 2 different folks at Ebay. They're cheap right now, but they're rare.
I know.......but it's true.
I taped the CBS segment and still have it somewhere, but I was so offended by it that I can not and will not accet anything this "man" has to say serously.
there was nothing mentioned in it about smoking, but both of "their" daughters were wearing anti-smoker T-shirts in one segment of it.
D.A.R.E is one program that my child will not get involved with, nor be indoctinated by. It is one of the most ineffectual programs that exist and should be done away with. And does far more harm than good, as far as I am concerned.
I tried looking back, and I don't know what you are talking about. I also noticed that I am not making a lot of sense with my writing. I'm really fuzzy-brained right now, and I don't know why.
Have pity! Tell me what you are talking about! :)
As I recall, I didn't have a lot of choice in the matter. Of course, in those days, crack was really exploding, and Reagan had kicked off the war on drugs, so I don't think anyone had any real idea at the time how bad it wa.s
Thank you for the proper correction.
Gotcha........but I did know it was one of you C's!!!!!
Everyone has redeeming qualities........
You're right.........us smokers have no redeeming qualities (according to the you know whos)
The shrimp thing is so weird for me........it's the only seafood I have a problem with. And it didn't appear until I was about 18. It's the weirdest thing.....if it's kept iced down, like in the seafood market or underwater at home, it doesn't bother me. Thankfully, my husband is fully aware and thinks nothing of peeling it, when we're not just planning on a pot of steamed shrimp.
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