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- #381
The baker who violated his jurisdiction's public accommodations law concerning sexual orientation was justly and lawfully fined in accordance with the Constitution.Il
how about the case of the baker fined 150,000 for exercising his first, DOMA, slavery, Jim Crow, graduated INCOME tax, asset forfeit seizure, eminent domain (in the name of private business), affirmative action (discrimination), NSA spying, abuse of executive order by every president for the past 50 years, prohibition of drugs without a constitutional amendment, DUI (or whatever) checkpoints, infringements on the 2nd, the dissolution of trial by jury, the IRS targeting, the IRS in general, the federal reserve (private bank issuing currency is a greater threat than a standing army), fisa court used on domestic citizens, licensing for pretty much any business you can think of, unelected bureaus creating laws, and selective taxing?FOXFYRE SAID:
“It is not the constitutional prerogative of the federal government to dictate to the people how they will organize their societies and live their lives. And every one of us who values liberty should know and push hard to make that the norm.”
No one ever said it was, nor does anyone advocate for any such thing, and this has never been the case since the advent of the Republic – this fails as a straw man fallacy; you seek to contrive and propagate the lie that the Federal government “dictates to the people how they will organize their societies and live their lives,” and then proceed to attack this rhetorical contrivance that in no way represents your opponents' position.
Again, states and local jurisdictions are at liberty to enact laws and measures as they see fit, provided those laws and measures comport with the Constitution and its case law, as was the original intent of the Framers.
The reason for this is very simple and easy to understand:
As citizens our rights are inalienable, they manifest as a consequence of our humanity, and they can be neither taken or bestowed by any government, constitution, or man.
Citizens' inalienable right are recognized and acknowledged by the Constitution, its case law, and safeguarded by the rule of law, immune from attack by the state.
Because citizens' rights manifest as a consequence of their humanity, they go wherever a citizens might go, to any state or jurisdiction, as citizens have the fundamental right to move freely about the country, and live in any state or jurisdiction they so desire.
Therefore, citizens do not forfeit their rights merely as a consequence of their state or jurisdiction of residence, their rights are not subject to 'majority rule,' the states may not decide who will or will not have his civil rights, and compelling a resident to leave his state as a 'remedy' to his civil rights being violated by the state is fundamentally un-Constitutional.
Given these facts of law the Federal government isn't 'dictating' anything when a state or local law is invalidated by the courts because it's repugnant to the Constitution, where the people of that state or local jurisdiction have erred by seeking to deny American citizens their Constitutional rights.
Although inalienable, our rights are not absolute, and are subject to reasonable restrictions and regulatory measures by government, such as public accommodations laws.
State and local public accommodations laws are just, proper, and Constitutional as authorized by the Commerce Clause (Wickard v. Filburn, Heart of Atlanta Motel v. US), where state and local jurisdictions are at liberty to regulate local markets, as merchants denying services to members of the community based solely on who they are does in fact disrupt the local markets and all other interrelated markets.
Moreover, just and proper public accommodations laws in no way 'violate' religious liberty or the First Amendment (Employment Division v. Smith), as one may not use religious beliefs as 'justification' to violate or ignore a just and proper law.
Reported as thread derailment as I have repeatedly pointed to the OP statement that existing law is not to be used as an argument in this thread.
Please focus on the topic as described and explained in the OP.