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- #221
1) bern, if you take away the penalty, there is no mandate. with a murder, however, if you take away the penalty, the crime remains, because there's a criminal code in every state specific to it. the small differences which you hope to blur away, are the ones that give the law standing from my perspective. its like me saying, "lets say murder wasnt actually killing someone, if you.."
So at the very least my characterization of your opinion is correct. What makes mandates constitutional is dependent on the penalty for violating them and not whether or not the mandate itself is constitutional. Fair?