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More Parking Lot Bill Arguments |
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Gregory Morris, 4/29/08 12:21:42 pm |
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Another op-ed by Marion Hammer.
While I don't think it solves the legality question entirely, she makes a good point. If companies agree that other limitations on their property rights (zoning, safety, etc.) are legal, why wouldn't this law be legal? I'm not saying it is my favorite argument, because I still believe privately owned property is sovereign territory, regardless of zoning laws and city ordinances. However, corporation-owned property is different because the corporation itself derives its legal existence from the government. It can be argued that the benefits granted to a corporation by the government come at the cost of abridged property rights. Of course, this theory would cause a sole proprietorship to be treated differently, but I'm OK with that. It would be a dangerous ruling to overturn this law, however, because it could easily open up other laws to attack. While that may not be an entirely bad thing, it is important to at least consider the other ramifications of overturning this law on "property rights" grounds.
Of course, I also believe that property rights never, ever trump human rights - the first of which is self defense. Having a gun locked in your car clearly does not equal self defense, but having access to a firearm (and training in its use) is undoubtedly the most effective means of self defense. |
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