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To: Jim Noble; sauropod; y'all
Noble claims:

The Constitution does not incorporate private businesses into the State.
Your rights enumerated in the Constitution are enforceable against the state only, unless legislation specifically gives you (or the state) a cause of action against a business.
Neither circumstance applies here.


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Hammer & the court case cited above differ:

"-- Individual constitutional and legal rights do not end when we drive onto a business parking lot. Simply put, business property rights do not trump the Constitution or the law.


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sauropod:

This is actually an important article.

I've heard lots of incidences where cases were made that took the point of view if you are in somebody's business, their rules trump your rights
(Yes, I know the article said business parking lot, not "business" but I think the principle applies.
Don't property rights convey with the person, not with the property?).

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See last fridays DC decision on how our individual right to own & carry arms 'trumps' majority rule efforts to restrict that right.


Rearming - The D.C. gun ban gets overruled
Address:http://www.freerepublic.com/focus/f-news/1800480/posts
43 posted on 03/14/2007 8:33:32 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: tpaine; Jim Noble

My concern is the continuing circumcision of our rights (property being the first among them) by the State.

If allowed to continue, we will have no rights to speak of. That's why I brought up what's going on in airports today. A sterling case of BOHICA if i ever saw one.


51 posted on 03/14/2007 9:43:27 AM PDT by sauropod ("An intelligent man is sometimes forced to be drunk to spend time with his fools." Ernest Hemingway)
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