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To: P_A_I
Neither States nor Feds were given the power to write prohibitive types of law that infringe upon individual rights to life, liberty, or property.

Under the states' police power, even a right can be regulated, so long as that right is not regulated away. Examples are doctors and lawyers. Anyone has the right to become a doctor or lawyer, but since these professions can damage a person severely by their incompetent application, they come under the state's police power, which, incidentally, gives the state right to license as an excise.

This principle has been badly abused lately.

119 posted on 06/02/2005 3:01:36 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: William Terrell
Neither States nor Feds were given the power to write prohibitive types of law that infringe upon individual rights to life, liberty, or property.
This point was clarified by the 14th amendment; -- then immediately ignored once again.

Under the states' police power, even a right can be regulated, so long as that right is not regulated away.

I agree. 'Regulations' can get pretty close to being prohibitive decrees, -- but there is an uncrossable line, one, imo, best established by informed juries dealing with the case at hand. Laws that 'cross the line' should be nullified by juries empowered to judge both the facts & the law.

Examples are doctors and lawyers. Anyone has the right to become a doctor or lawyer, but since these professions can damage a person severely by their incompetent application, they come under the state's police power, which, incidentally, gives the state right to license as an excise.
This principle has been badly abused lately.

Professional fraud is always with us. As you say, States have the power to license dangerous occupations, but this should not be used as license to restrict them.

122 posted on 06/02/2005 4:30:45 PM PDT by P_A_I
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