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It didn't seem all that unwise when narcotic drugs were placed under strict law enforcement supervision by way of the Federal Government. Accordingly, heroin, cocaine, marihuana, and a number of mind altering substances became illegal to use or possess. And, since some of the products of the pharmaceutical houses are known to be addictive they are strictly regulated as well. Most Americans have no problem with this.
An experiment was tried in the 1920's to make alcohol consumption illegal in the entire country, extending the bans existing in a number of states. The experiment failed. Slowly sales were permitted of all types of alcohol containing liquids, and slowly the sales have been allowed at all times of day or night and all days of the week. Regulation of sales to minors is absolutely prohibited (although they are permitted to die for their country as a member of the military.) Most Americans have no problem with this.
Tobacco usage began somewhere in the Americas and became the thing to do throughout the world. While smoking appeared to the be favored method of consumption by Indians, the Europeans adapted the custom of sniffing snuff as high fashion, and dipping snuff by holding a bit between the cheek and gum as well as chewing tobacco also developed their following. Several of these practices are just down-right unsightly, unsanitary or in the case of snuffing, the loud sneeze can be unsettling. Some people find the smell of smoke unpleasant, others think that it is heaven sent, and there are those that are afraid that somehow their health may be impaired if exposed to tobacco smoke. So when different areas of the country went on a rampage prohibiting smoking in public places, the majority of Americans just accepted banning as an inconvenience to the smoker, dipper, chewer, etc., nothing more. And, since there are more non-smokers than smokers then the majority rules. Most Americans have no problem with this.
Which brings us to a voter initiative that prohibits the sale of brewed coffee unless it is "organically (grown without pesticides), shade-grown, or a bird-friendly environment (planted under forest trees that were spared the ax), and has been "Fair-Trade-certified" (the grower gets a set price for his beans). Violators face a $100 fine and six months in jail. As pointed out in an editorial in the St. Petersburg Times, July, 12, 2002, most shops in Berkeley already sell coffee meeting these requirements alongside the more conventional offerings. The initiative removes competitive products from the shelf/menu which is clearly opposed to free-enterprise or purchaser-choice. This certainly seems to be a stretch of banning that which is harmful, to that which conflicts with some group's idea of politically correct. But since it passed on a voter initiative, it becomes law. Since only 1% of coffee consumed in the United States meets their requirements it may be that those jolly elves about the Berkeley campus may find themselves without coffee. Most Americans have no problem with this.
However, it would be an easy step to ban broccoli, if put on a ballot in some areas. And why not, ban swim suits on people over forty or weighing more than one hundred and sixty pounds. When single issue mandates appear on ballots it is sometimes difficult to defeat them regardless of what the consequences of their passing will be. An amendment to require mandatory increases in teacher's salaries independent of the economic environment or the need has passed in one state. In Florida, an amendment to require development of a rapid transit system throughout the state, passed easily. An amendment to increase ad valorem taxes to give teacher's raises, easily passed in Sarasota County, Florida. And, an amendment is headed for the voters that increases Homestead exemption from $25,000 to $50,000. Most Americans have no problem with this.
Now when the Supreme Court (and other courts as well), keep an eye on public opinion and make their judgements accordingly, they are no longer acting as judges, based on the Constitution, but instead are becoming activist or are being molded by activist. Which ever, it's wrong - unfortunately, most Americans have no problem with this.
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