If the legislature is merely enacting the will of the people ... I guess I don't understand your comment. What you're calling "nanny-statism" I simply call self-rule.
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Suppose the eating of Barbecue were made a felony. Would that be just "self-rule"?
Geez Louise. You and the poster with the "Can South Carolina ban boots?" ought to get together and form the "Inane Question Club".