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To: untrained skeptic
>>This is patently unConstitutional.
>
>Why?
>
>This isn't the federal government, so it isn't an issue of overstepping federal authority.
>
>I'm not aware of anything in the US Constitution that bans state and local governments from making such stupid laws.

Art 1, Sec 10, Para 1:
NO STATE SHALL enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; PASS ANY BILL OF ATTAINDER, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Bill of Attainder
Definition: A legislative act that singles out an individual or group for punishment without a trial.
(TehcLawJournal.com)

I think the group 'children' is a readily identifiable group that is being singled out for punishment w/o a trial [by the legislation].

60 posted on 11/03/2010 6:30:37 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
I think the group 'children' is a readily identifiable group that is being singled out for punishment w/o a trial [by the legislation].

I think your definition of punishment won't bear much weight. Not being able to be given free toys it they order food with little nutritional value isn't likely to be seen as punishment by the courts.

Are you going to call any restrictions punishments? Are laws against speeding punishing people who like to drive fast?

Are state laws restricting the drinking age constitutional? Do they punish minors that wish to drink? Can states ban gambling or smoking by minors?

77 posted on 11/04/2010 10:00:39 AM PDT by untrained skeptic
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