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12-20-2010, 01:59 AM
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#2476
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Wearing the cranky pants
Join Date: Mar 2003
Location: Pulling your finger
Posts: 7,122
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Re: Who makes this stuff up?
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Originally Posted by Tyrone Slothrop
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It has as much rational basis as any other. Ergo, to discriminate against it, but allow others, would be unconstitutional.
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Boogers!
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12-20-2010, 11:19 AM
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#2477
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,149
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Re: Who makes this stuff up?
Quote:
Originally Posted by Tyrone Slothrop
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has anyone ever challenged Sunday "no liquor sales" laws?
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I will not suffer a fool- but I do seem to read a lot of their posts
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12-20-2010, 11:39 AM
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#2478
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Registered User
Join Date: Jul 2010
Location: The Duchy of Penske
Posts: 2,088
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Re: Who makes this stuff up?
Quote:
Originally Posted by Hank Chinaski
has anyone ever challenged Sunday "no liquor sales" laws?
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Simple exercise of 2nd Amendment rights, no?
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Man I smashed it like an Idaho potato!
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12-20-2010, 01:02 PM
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#2479
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Moderasaurus Rex
Join Date: May 2004
Posts: 33,080
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Re: Who makes this stuff up?
Quote:
Originally Posted by Hank Chinaski
has anyone ever challenged Sunday "no liquor sales" laws?
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I don't know, but I do know that the 21st Amendment, which ended Prohibition, gives states extra powers to regulate the sale of alcohol, powers which arguably trump other constitutional limits.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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12-20-2010, 01:14 PM
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#2480
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Registered User
Join Date: Jul 2010
Location: The Duchy of Penske
Posts: 2,088
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Re: Who makes this stuff up?
Quote:
Originally Posted by Tyrone Slothrop
I don't know, but I do know that the 21st Amendment, which ended Prohibition, gives states extra powers to regulate the sale of alcohol, powers which arguably trump other constitutional limits.
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I put my money on the 2nd Amendment.
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Man I smashed it like an Idaho potato!
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12-20-2010, 01:24 PM
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#2481
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Moderator
Join Date: Mar 2003
Location: Pop goes the chupacabra
Posts: 18,532
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Re: Who makes this stuff up?
Quote:
Originally Posted by Tyrone Slothrop
I don't know, but I do know that the 21st Amendment, which ended Prohibition, gives states extra powers to regulate the sale of alcohol, powers which arguably trump other constitutional limits.
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Does it trump limits other than the commerce clause (to the extent it does)?
Could states impose higher burdens on commercial speech regarding alcohol using their 21st amendment powers, for example?
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[Dictated but not read]
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12-20-2010, 01:42 PM
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#2482
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Hello, Dum-Dum.
Join Date: Mar 2003
Posts: 10,117
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Re: Who makes this stuff up?
Quote:
Originally Posted by Hank Chinaski
has anyone ever challenged Sunday "no liquor sales" laws?
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And when they're done with that, perhaps they could move on to overturning state laws against murder as being improperly based on the Sixth Commandment, where they will have the same amount of success. |
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12-20-2010, 01:45 PM
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#2483
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Hello, Dum-Dum.
Join Date: Mar 2003
Posts: 10,117
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Re: Who makes this stuff up?
Quote:
Originally Posted by Mmmm, Burger (C.J.)
Does it trump limits other than the commerce clause (to the extent it does)?
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Why would the dormant Commerce Clause evince a federal policy favoring access to carry-out liquor? The dormant Commerce Clause doesn't say "Commerce good; Hulk SMASH state law restrictions on it".
ETA Twitter needs a Dormant Commerce Clause Hulk, but the ID is too long. |
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12-20-2010, 02:05 PM
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#2484
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the poor-man's spuckler
Join Date: Apr 2005
Posts: 4,997
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Re: Who makes this stuff up?
Quote:
Originally Posted by Atticus Grinch
Why would the dormant Commerce Clause evince a federal policy favoring access to carry-out liquor? The dormant Commerce Clause doesn't say "Commerce good; Hulk SMASH state law restrictions on it".
ETA Twitter needs a Dormant Commerce Clause Hulk, but the ID is too long.
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The Founders *wanted* to incorporate the concept of Dormant Commerce Clause Hulk, but it would have violated Stan Lee's copyright, which was still within the original (ie, non-Mickey Mouse) copyright period, which Madison* pointed out to the others. Lacking the oomph of Hulk, they deleted all reference to the dormant commerce clause, which leaves us where we are today.
*what's with all the short fuckers being comic fans?
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never incredibly annoying
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12-20-2010, 07:18 PM
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#2485
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Wearing the cranky pants
Join Date: Mar 2003
Location: Pulling your finger
Posts: 7,122
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Re: Who makes this stuff up?
Quote:
Originally Posted by Mmmm, Burger (C.J.)
Does it trump limits other than the commerce clause (to the extent it does)?
Could states impose higher burdens on commercial speech regarding alcohol using their 21st amendment powers, for example?
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Not if my memory of the Coors opinion is correct.
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Boogers!
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12-21-2010, 04:14 PM
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#2486
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Registered User
Join Date: Jul 2010
Location: The Duchy of Penske
Posts: 2,088
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Re: Who makes this stuff up?
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Originally Posted by LessinSF
Not if my memory of the Coors opinion is correct.
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My opinion of Coors, iirc, is watery piss water. YMMV.
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Man I smashed it like an Idaho potato!
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12-29-2010, 01:21 PM
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#2487
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,149
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Re: Who makes this stuff up?
Quote:
Originally Posted by Atticus Grinch
And when they're done with that, perhaps they could move on to overturning state laws against murder as being improperly based on the Sixth Commandment, where they will have the same amount of success.
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most religions disfavor murder, but Sunday is Chrisitian only. Why can't my Jewish wife buy booze on Xmas morning or any Sunday, while you can buy booze on Yom kippur and Friday night?
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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12-29-2010, 01:23 PM
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#2488
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,149
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Re: It was the wrong thread
HELP
I need a non-IP legal issue that could result in a claim for millions and which could be barred by laches.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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12-29-2010, 01:30 PM
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#2489
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Patch Diva
Join Date: Mar 2003
Location: Winter Wonderland
Posts: 4,607
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Re: Who makes this stuff up?
Quote:
Originally Posted by Hank Chinaski
most religions disfavor murder, but Sunday is Chrisitian only. Why can't my Jewish wife buy booze on Xmas morning or any Sunday, while you can buy booze on Yom kippur and Friday night?
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Unless the wiki is wrong, your wife can in fact buy booze on Sunday. And does living with you make her such a lush she can't wait until after noon on Christmas to re-stock? |
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12-29-2010, 01:32 PM
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#2490
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Patch Diva
Join Date: Mar 2003
Location: Winter Wonderland
Posts: 4,607
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Re: It was the wrong thread
Quote:
Originally Posted by Hank Chinaski
HELP
I need a non-IP legal issue that could result in a claim for millions and which could be barred by laches.
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You need to keep track of all the people you need to thank if you ever finish this book. |
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