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I live in a Red state. I am against nanny state laws. We have nanny state laws here.Again, it's immaterial about the ciggie taxes. The cops had no right to mishandle this man and should all be fired.
Then you should be a strong advocate of downsizing the scope of government. Far too many petty laws and regulations are classified as crimes if one violates them, which then triggers police force. And many of these are for things for which the government has no business in playing Nanny, but does so anyway and elevates to criminal status.
Excerpts from an excellent piece on The Right Not To Be Punished:
On the opening day of law school, I always counsel my first-year students never to support a law they are not willing to kill to enforce. Usually they greet this advice with something between skepticism and puzzlement, until I remind them that the police go armed to enforce the will of the state, and if you resist, they might kill you.
(snip)
Husak suggests as one solution interpreting the Constitution to include a right not to be punished. This in turn would mean that before a legislature could criminalize a particular behavior, it would have to show a public interest significantly higher than for most forms of legislation.
He offers the example of a legislature that decides “to prohibit -- on pain of criminal liability -- the consumption of designated unhealthy foods such as doughnuts.” The “rational basis test” usually applied by courts when statutes face constitutional challenge would be easily met. In short, under existing doctrine, the statute would be a permissible exercise of the police power. But if there existed a constitutional right not to be punished, the statute would have to face a higher level of judicial scrutiny, and might well be struck down -- not because of a right to eat unhealthy foods, but because of a right not to be criminally punished by the state except in matters of great importance.
Of course, activists on the right and the left tend to believe that all of their causes are of great importance. Whatever they want to ban or require, they seem unalterably persuaded that the use of state power is appropriate.
That’s too bad. Every new law requires enforcement; every act of enforcement includes the possibility of violence. There are many painful lessons to be drawn from the Garner tragedy, but one of them, sadly, is the same as the advice I give my students on the first day of classes: Don’t ever fight to make something illegal unless you’re willing to risk the lives of your fellow citizens to get your way.
Law Puts Us All in Same Danger as Eric Garner - Bloomberg View
But I don't care how many stupid laws you all bring up. THE COPS DID NOT HAVE THE RIGHT TO TOUCH THIS MAN PERIOD.
Actually, they did. The fact that the Obama Administration made selling loose cigarattes a CRIME turned it into a police matter. This is the Real Issue in this tragic event: everyone can be turned into Eric Garner because an unknowable number of petty laws and regulations turn banal behavior into Criminal Offenses.