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Old 04-18-2006, 05:23 PM   #38
Beemnseven
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Join Date: Feb 2004
Location: Virginia Beach
Age: 52
Posts: 5,311
Re: Smoking Laws in NY and NJ

Quote:
Originally Posted by saden1
When it comes to public establishments that conduct business there is no such thing as property rights. Specifically, the welfare and rights of the public trumps property rights and that is in fact constitutional.
For public establishments such as schools, post offices, court buildings -- in most cases, you're correct.

But for private businesses, there most certainly are property rights. The government cannot take over a business, instruct it as to what it can sell, or the fashion in which it sells it. The only exception for government intervention is when someone interferes with individual's rights to life, liberty, or property through force or fraud.

Now, certainly, an argument could be made that this country is gradually getting away from this particular free market philosophy with minimum wage laws, handicap access requirements, and civil rights legislation. Thanks to the Supreme Court's ruling in the Kelo v. New London, Connecticut decision, there's yet another attack on private property rights that clearly marks this country's movement towards the Socialistic philosophy.
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