| Join our list |  | | "No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." -U.S. Constitution, Amendment V | "The moment the idea is admitted into society that property is not as sacred as the laws of God ... anarchy and tyranny commence. PROPERTY MUST BE SECURED OR LIBERTY CANNOT EXIST" -John Adams 
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Milton Friedman defines capitalism to Phil Donahue. Everything you need to know explained in two minutes. Watch here. | | Please forward this letter to your friends by clicking the "forward" link below. | | | Dear Debra, From the Associated Press-The Michigan Legislature passed a long-delayed smoking ban Thursday, with exceptions for three Detroit casinos that have to compete with tribal casinos not affected by the ban. "It's a terrific gift to Michigan," the governor told reporters. The ban will take effect in May 2010. It applies to all bars, restaurants and work places, except for the Detroit casinos, cigar bars, tobacco specialty stores, home offices and motor vehicles. | | It's a Matter of Protecting Property Rights. | | | Should the legislature have passed a law making it illegal to smoke in a private restaurant? Some would say "yes" because the it is the wish of the majority of Michigan voters and taxpayers. This, of course raises the question about "representation". Shouldn't a Representative, after all, represent the wishes of the majority of his district? My answer would be yes, but at the same time, representatives have a sworn duty to uphold and defend the Constitution. The fifth amendment speaks to the right of private property. The Cato Institute says, "America's Founders understood clearly that private property is the foundation not only of prosperity but of freedom itself. Thus, through the common law, state law, and the Constitution they protected property rights-the rights of people to freely acquire, use, and dispose of property. With the growth of modern government, however, those rights have been seriously compromised." I personally find smoking to be a disgusting habit. I cannot abide cigarette smoke when I am out to enjoy a nice meal. Incidentally, my father died of lung cancer after 60 years of smoking. However, as a lawmaker, I would find it neccessary to lay aside my personal feelings when considering legislation that would be an affront to the Constitution. Banning smoking on public property is one thing; people need to go to the Secretary of State, or the Post Office. They should not be subjected to annoying and potentially hazardous second-hand smoke in a public building. But, to tell a proprietor of a restaurant, on his own property, which he paid for and pays taxes on, that he cannot allow his patrons to engage in a LEGAL activity is, in my opinion, a violation of the fifth amendment. The remedy for this would be to either remove all restrictions to smoking, a legal activity, on private property, or to declare cigarette smoking an illegal activity, and banning it altogether. Isn't interesting that casinos are exempt? Why? Not because there is any sensible argument for why it is OK to blow smoke in the face of a gambler. These exemptions were only put in place because, without them the votes weren't there for passage. The casinos have lobbyists who contribute money to lawmakers. The growth of government continues. What will be next, banning smoking in your own car or even in your own home? Oh...they are already doing that in California. | | |
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