I would also argue against simple 'public need.' Those are vaporous words that can be used to legislate anything at all.
Not quite anything at all, since we have enumerated rights. But the constitution does have that pesky "general welfare" clause, and Hamilton clearly states that it's whatever is considered for the public good.
Then it has those pesky enumerations that apply to that clause. General welfare is not a license to do anything and no matter how people try and twist it. If what you are eluding is true, what the hell was the rest of the constitution for. They should have made it one line.
As I said, public need is asinine. Simple test: what rights do you violate of others when you do a line of blow? Answer: none. There is no basis to illegalize it unless you want to use 'general welfare' or 'public need.' When you go down that road you end up with asinine things like illegal alcohol and illegal drugs. Both asinine concepts.
OK, you provide some clarification on your position with that point. There is no public purpose for laws saying how people can and cannot get fucked up. There's a clear public purpose of penalizing them for driving while fucked up. Do we agree on that point?
I don't think that is what the case actually stipulates but rather that it is an infringement upon your freedom of speech rights if you limit them solely on the basis that there are more of you together. Not only that, but I disagree that such limits make any sense whatsoever when not applied to all or that limits should be imposed by some arbitrary governmental agency as was don in that case. I agree with the ruling on those grounds and the fact that you are not going to get money out of politics in that manner. I prefer a method that I posted in another thread -
Corporations aren't a matter of just a bunch of people getting together. Investors, or owners, are given limited liability. In a libertarian world, corporations wouldn't exist. Each and every owner of them would share liability, with profit. When Manville Corp. lies, each and every owner (shareholder) would share equally with giving restitution of those who died because of asbestos exposure. No bankruptcy protection, until the entire pool of owners are bled to the point where 100% remedy is given to the victims.
That's not going to happen in a modern economy, anymore than zero safety net is going to happen. Capitalism/socialism are words, where what is needed is to find the optimal balance, that results in the greatest public good. I'm not into living on a collective subsistence farm anymore than I want to let big oil destroy our environment.
[quote[Make congressional/presidential pay permanent set at 100 percent until death but also make it illegal to ever, in any shape or form, earn money from any other source. Once a servant at that level, you would remain a servant.
[/quote]
I think you'll have a constitutional issue with that, especially the right to petition the government. It gets a bit blurry when we talk about lobbyists. They're essentially paid people, by third parties, to advocate positions. There, I find it reasonable to regulate, who and who can not participate as a paid advocate.
I think we're now pretty much in agreement on reproductive rights.