"What about the right of people to govern themselves. An example of this is a community's right to set their own obscenity laws and keep out adult businesses." Jefferson said it a long time ago. Pure democracy is viable only at the level of a town, a small town.
That's why we have a republic. That's also why we have a Supreme Court. Combined with other checks and balances they prevent a tyranny of the majority.
yitbos
True enough. That is why most of the smoking bans are at the city level. However, I think CA is thinking of making it a state law.