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Old 10-18-2007, 11:14 PM
Taso Taso is offline
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Join Date: Feb 2007
Location: Philadelphia, PA
Posts: 2,098
Default Re: Californian city bans smoking in apartments and condos

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There is certainly a right to put anything into my body I want to put into it.

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Sort of, but it is not a distinct right. You have a property right in your body (self ownership). You don't NEED a RIGHT to put stuff in your body, because nobody has any right to stop you.

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I understand that the federal government doesn't have the ability to stop one, as its not provided in the Constitution. And lets be clear we are talking about what can and can't be done, according to the constitution, not this ideolgical discussion you and Elwood were having. You said stop basing statements on the constitution, but it is the degree of law which we live by; it is all that matters in a legal discussion.

And as such, I would look at the 10th amendment which to me would indicate a local government does have the ability to pass a law like the one passed in (Belmont?), California, without violating any of the limits on government stated in the Constitution.
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