Jason, give me a break. You're applying Wickard, a federal power usurpation of the commerce clause, to argue that a State has violated the Constitution or that one must agree with Wickard if they think the State had a 9th and 10th amendment right to do this. That makes no sense - they are unrelated.
No. I asked you whether you agreed with the decision or not. I did this because you claim that there is no specific constitutional prohibition against the regulation of smoking. As a result, I asked if you thought Wickard was a legitimate ruling. After all, congress has the power to "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;", does it not?
First, no property is being siezed or deprived - there are many more issues in this area you should legitimately be getting bent out of shape about and you pick a time-place restriction that doesn't deprive anyone of property (it regulates their use of it).
Is regulation not the deprivation of an activity outside of set bounds? Given that it is, then the regulation in this case is indeed depriving the use of private property when it comes to smoking.
The problem is that life and public health trump property - that is, government law can regulate commerce if it narrowly tailored to protect individuals lives from other individual actions. There is simply no way a business that allows smoking can avoid the public health risks that it causes, even if many of those risks are "chosen", and that itself is a forced choice (albeit a choice, I agree) against non-smokers.
You just said it! It's a choice. People can make a choice to patronize an establishment that permits smoking or not.
Using that logic, it would be an imperitive that the government put a stop to ANY activity that is harmful, or potentially so, where the participants can freely engage and disengage at their own free will.
You would agree then that such things as UFC fights, which are carried out on private venues, can and should be outlawed? Participants can certainly get injured, and they do.
Let's add some more lithium grease to that already slippery slope...
By the way, jgillman != jgillmanjr. Looks like you're trying to respond to some things he addressed.
Parent
