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Please tell me where specifically in the constitution does it say you have the right to smoke anywhere you see fit. God forbid that we care about real rights being trampled upon like the right to privacy, no you have to complain about the government saying we do not want you to do you disgusting habit in the presence of people who do not want to do it.

2007-06-01 03:34:48 · 29 answers · asked by Anonymous in Politics & Government Law & Ethics

So it is ok for a private business to tell blacks that they can not come in to eat or do other things. Government has told business what to do for ages. Most of these things are done by states and local referuendum. Also please do not whine about oh you do not get out of life alive. It still does not give you the right to drown me with your stupid cigarette smoke. Do it outside.

2007-06-01 03:48:44 · update #1

29 answers

I think that it is HILARIOUS that people are more concerned with what smokers are doing than what their government is doing.

Cracks me up.

Tell me where in the Constitution does it say that I don't have the right to smoke where I want?

Roxie---thanks for being one who REALLY gets it.

2007-06-01 03:38:35 · answer #1 · answered by Anonymous · 5 1

You are correct. I have quit smoking but don't care either way if someone smokes or not. However, I can think of dozens of things the Constitution does not address as being " rights"

If we follow the Constitution as a strict constructionist, then there are many things not considered a right. The only area that seems to have certain items placed under rights is " freedom of speech and expression" This is quite the can of worms and I am sure there are many things covered there that would be offensive to both you and I according to some of the court cases. Usually the laws concerning smoking are city ordinances or State Laws.

Conversely, smoking is not banned by the Constitution either. They did have smokers when the Constitution was being formed.

2007-06-01 10:48:08 · answer #2 · answered by Ret. Sgt. 7 · 2 0

Because people have been smoking freely in America for years. To go against your point, where specifically in the Constitution does it say you can not smoke wherever you want. Most smokers are adults and they have a right to choose if they want to smoke or not, its their problem. If a business chooses to allow people to smoke in their establishment, they have already made up their mind that they feel it is OK to lose some business to allow that freedom. If you don't like smoke, then don't go to those places. Its plain and simple. Don't be so narrow minded. People have the right to smoke just as must as people have the right to do anything else in this world. If you don't like it then don't allow smoking in your home, don't go to businesses that allow smoking and let the rest of the world live their life the way they choose.

2007-06-01 10:45:56 · answer #3 · answered by Zack 3 · 2 0

I just posted this a minute ago and it completely applies here as well...sorry dude...It's not in the constitution that the national government can ban smoking in public places - and I hate that they're trying to - not because I smoke but because my husband does and when we're out at a bar or a club he has to go outside to smoke, and some of those times I don't want to go outside with him. I think they should have clubs,retaurants, and bars that prohibit smoking and there should be some that don't - that way if you wanna go out and have a smoke, you're not getting shorted because everywhere you wanna go has banned smoking, and if you don't wanna be around smoke, you can go to the same kinda joint without griping about how horrible cigarette smoke is for your health...what about all the rest of the crap we get stuck breathing in - gas fumes and such - is that perfectly healthy for you? I read something the other day that talked about VOC's - volitile organic compounds - which can greatly affect your lifestyle and can include symptoms like nausea, eye skin nose and throat irritations, and migraines. These can be found in everything from home cleaning products to fabrics that could be on your bedsheets! Aren't those the same kind of symptoms people "stuck around smokers" complain about? So ok secondhand smoke has been proven to be harmful for people in the longrun yes, but what about these VOC's that we're around, some of us probably 24/7? What about the long term effects of those? You don't want to be around cigarette smoke, don't be around it, but people who have chosen to do it shouldn't be punished. From watching my husband try to quit - it's probably easier for the person complaining to just go somewhere else than for a smoker to try and quit. You of course also have the choice to just not be around it - I don't understand why it's so just and ligitimate for people who "don't want to be around smoke" to complain when they can just go somewhere else. Until they ban smoking altogether in every establishment across the nation, which will never happen, the tobacco companies won't let it, you can either keep complaining or do something...like walk away...

2007-06-01 11:07:42 · answer #4 · answered by USAFdixiegirl 1 · 1 0

What?? Look, I'm a smoker and I know the nastiness of the issue, I don't smoke around my children or in my house...and I certainly understand the laws and what fors that have been put into place for the public not wanting to deal with smoking in buildings or even on property (outside). I deal with it. It is an individual's right to say..."I don't want you smoking on my property." Just as I have a right to say, "I can smoke on my property and if you don't like it move off it." If you want to argue the Constitutional issue, where does it specifically mention in the Constitution that I do NOT have a right to smoke anywhere I see fit? Don't be daft. Its not the smokers that complain about the government saying the majority of the public does not want me to do my disgusting habit in the front of others that do not want to do it--placing aside things like right to privacy-- its the tobacco companies; yes, big business. Get the feck off yer soap box!

2007-06-01 10:47:16 · answer #5 · answered by What, what, what?? 6 · 3 1

Well as a smoker my self i can tell you that some of the laws are going to far. Did you know that in some places you cant even smoke in your home, Would you want some one telling you what you can and cant do?You need to think about the rights of people that smoke. we are human to and we have feelings just like the rest of you so to me its not fair i feel like if i want to light up i should when your outside and in the open air i dont see any thing wrong with having a smoke

2007-06-01 10:42:56 · answer #6 · answered by mrjts 4 · 3 0

There is no Constitutional right to smoke. I know some of you are itching to thumb me down, but consider that this is a fact, not a matter of opinion. If you don't like it, lobby to have the Constitution amended.

There is no Constitutional right to be free from government regulation. Again, like it or not, this is a fact.

There IS Constitutional power vested in the government (state or federal, or both, depending on particular circumstances) to regulate private business and, to a great extent, people's lives. "Private" doesn't mean "immune". Again, if you don't like it -- work on amending the Constitution.

I don't mind if people kill themselves with cigarettes, drugs, or anything else for that matter -- as long as they prepay their taxes based on actuarial calculations and forfeit any rights to Medicaid or public assistance. I sure as hell am not going to pay for the consequences of your choices, and neither should other taxpayers.

To the person who asked whether the majority's opinion is sufficient to outlaw something: barring specific Constitutional constraints, which are inapplicable here (see above), yes it is. That's how democracy works. Murder is illegal because most people believe it should be illegal. Necrophilia is illegal because most people believe it's disgusting. Oh, what a cruel world it is, where you can't marry your dog! But seriously, on what basis do YOU think laws should be passed?

2007-06-01 11:02:13 · answer #7 · answered by Rеdisca 5 · 0 2

my complaint is not that MY rights are being trampled but the rights of private club and bar owners that have to follow these rules. if i want to open a smoking only bar and im the only employee whats the f ing problem personally if you dont smoke and dont live with some who smokes i dont think the couple hours a week you may spend at a bar or resturant are really gonna kill you. what about the exhaust and smog you breath in when you walk outside. has the gov't made it illegal for companys to pump smoke and other burnt off chemicals in to the air

2007-06-01 10:40:47 · answer #8 · answered by Anonymous · 2 0

It is the fact that the government is telling PRIVATE business owners that they cannot allow smoking in their buildings. The wonderful thing about a privatly owned business is that if you don't agree what is going on inside the business you don't have to go in...simple as that.

I am not a smoker, but I am able to see the government infringing into my life more and more and I don't like it.

2007-06-01 10:39:12 · answer #9 · answered by Anonymous · 5 0

then why isn't alcohol banned as well? if i'm in a bar, why can't i smoke. everyone there is drinking poison, trying to sleep with someone they don't know, possibly driving home intoxicated, alcohol impairs judgment that can also lead to fights, accidents, and death, yet the numer one concern is second hand smoke? i understand that second hand smoke is harmful but i show respect for others by doing it outside. But for bars/resturants, it should be up to the owners not the government.

some alcohol facts:

Alcohol caused diseases are the 3rd leading cause of death in the United States.

60% or more Domestic Violence are alcohol related

75% or more Beatings are alcohol related

67% or more Sexual aggressive acts are alcohol related

50% or highter Rape cases are alcohol related

30% of fire related deaths are alcohol related

75% of higher homicides are alcohol related

50% or higher arrest are alcohol related

70% of Indian Health Services activity are alcohol or drug related issues

50% of Indian high school students drop out of school due to alcohol related issues involving themselves or a family member

80% of Indian college students drop out of college due to family alcoholism.

oh and tobacco related deaths are the number one killer in the U.S., however smoking tobacco wont impair your driving or judgment.

Either leave us alone, or ban it all together. quit using the double standard of the Sin taxes. with out all of the smokers and the drinkers, government would be short quite a bit of money so our income taxes would have to increases dramatically.

2007-06-01 11:10:40 · answer #10 · answered by Anonymous · 2 0

You know? Hitler was a vehement non-smoker. "Rauchen Verboten" (Smoking Prohibited) it says in 2-foot tall letters across the top of the wall at the reception room at Dachau. Prisoners reported to this reception room of their own free will after the police informed them they are arrested.

Your kind of logic tells me there is a Dachau in America's future. It might not be called Dachau, but it should be categorized as part of the ermerging Nanny State. And people sharing such shallow perceptions will voluntarily report to that American Dachau.

2007-06-01 11:03:38 · answer #11 · answered by Anonymous · 2 0

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