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To: Obadiah
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.

Are you saying it violates the California constitution?

One of the points of federalism is that some states can allow such foolishness if it makes their citizens happy, and people in other states can scoff at the idiots and point out how they are happy they don't live there.

57 posted on 11/03/2010 6:04:02 PM PDT by untrained skeptic
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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: 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.

Are you saying it violates the California constitution?

One of the points of federalism is that some states can allow such foolishness if it makes their citizens happy, and people in other states can scoff at the idiots and point out how they are happy they don't live there.

Perhaps not unconstitutional, but certainly Unamerican, as it represents a loss of liberty for both the customer and the vendor, for which there is no compelling justification. It amounts to arbitrary law...

66 posted on 11/03/2010 7:10:19 PM PDT by sargon (I don't like the sound of these "boncentration bamps")
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