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Fred the Red Shirt Fred the Red Shirt is offline
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Default The Decision is in

.....
On May 16, 5:00 pm, Tim Daneliuk wrote:
Larry Blanchard wrote:
On Fri, 16 May 2008 09:17:06 -0500, Tim Daneliuk wrote:


... The Constitution
also protects the "Freedom Of Assembly" - as private employers, schools,
churches, hospitals ... are formed, their constituents and/or owners
ought to be legally free to include or exclude anyone they wish.


As long as those NGOs are not taking government funds, I agree in
principle. Unfortunately, most of them are grabbing all they can get.


Agreed. If you take a dime of public money, you have to live by
public rules. That means government contractors, schools,
airlines, and so forth.


Oh, and don't forget interstate commerce. Does the air you
breathe cross state lines?

Perhaps more to the point, does the sate have laws governing
insurance, employment, etc etc? If so, must the state not enforce
them consistently with the 24th Amendment? But what does that
mean?

Last I checked, the 14th Amendment stopped at private property
property not open to the public (there is a term of art I am
forgetting
here.). If you want to keep white peopleo ut of your home, fine. A
shopping mall, no. A private club, yes.

Dunno if that is the best place to draw the line, but where ever it
is drawn it is bound to be fuzzy.


An excellent example of this can be seen at the moment wherein
government is jamming anti-smoking legislation down the throats of
small, privately owned bars and restaurants ...


Last I heard, Scalia thought it was fine for the Feds to make it
illegal to grow or smoke locally grown pot, in private. I wonder
if would think it is OK for local governments to prohibit smoking
tobacco in public?

--

FF