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Your Constitutional Right

krideynyc

Registered Member
Messages: 3,287
Reviews: 9
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#41
I'm not having it both ways. What I originally said was: Well, there is nothing in the Constitution that prohibits prostitution. And I also mentioned Nevada. Methinks you just like to argue for the sake of arguing.
No. It's reminding you that you were ignoring a fundamental building block of our legal system.
 

Koujiao

Review Contributor
Messages: 1,008
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#42
Sometimes I imagine it would be nice if I could go through life without giving a shit what I said or what people thought of it. And, certainly, some people can pull that off. But they tend to either be brilliant, independently wealthy or poor slobs. At the moment, I'm none of those.

This 'sometime' is known as a 4th category, retirement.
 

Koondog

Review Contributor
Messages: 5,292
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#44
The "what happens between two consensual adults" argument works. Now if we can only get a massage parlor to not be tagged as a criminal enterprise when they include full service as part of the package.
There was a case brought before the 9th circuit about 2 years challenging the constitutionality of prostitution laws. Even this notorious left of center court voted 3-0 against. Not sure I agree with their reasoning though.
 

Koondog

Review Contributor
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#45
When the constitution does not address something...in this case prostitution it is generally left to the states and the people to address these issues. The constitution is silent on the issue of prostitution obviously.
 

MAXIMUS

Registered Member
Messages: 337
Reviews: 7
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#47
Once we can all get past the idea that the states can criminalize adult sexual privacy, we will be on a better path.
I am as anti-government as they come but what you want to call adult sexual privacy is sex in exchange for money which the state has an interest to regulate for the protection of those with comparatively inferior bargaining power. What may seem consentual may not be so - I don't know ANY hot 20 something babe that is looking forward to suck some shriveled up old man balls. They do it because because they may be in a position where they have to or worse, are forced to by some sleazy pimp.
 

njlefty

Registered Member
Messages: 2,418
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#48
Sounds like we have it all figured out here.

Arrest 80,000 people a year in the United States for prostitution. Publish their names, post their pictures, and wreck their lives.

Thank you all.
 

Hardrobert

Review Contributor
Messages: 535
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#49
No. It's reminding you that you were ignoring a fundamental building block of our legal system.
Kridey - there is a fine line distinction that needs to be made in discussions over making something legal/illegal. Everything is "legal" (i.e. permissible) unless a law has been passed to make it illegal. So it isn't that Nevada made prostitution legal, it is that they didn't make it illegal. Similar to the US Constitution reserving everything to the States if not enumerated as a Federal power or jurisdiction. So when we talk about making prostitution legal, what we are really proposing is repealing those laws that have been put in place making it illegal. That is also why we hear the pseudo liberals and SJW talking about decriminalization. They are trying to have it both ways - well it ain't a crime, but it is a violation of a civil nature, sort of like a ticket for putting the garbage out on the wrong day. The Constitutional basis for a State, County, City to pass such laws (criminal or civil) can be argued for/against under various guises, not on the "moral" vs. "consenting adults" basis, but under regulatory, business licenses, health, skills or whatever other tomfoolery they think will pass muster.
Come to think of it, that is what we should aim for. A license scheme that includes a skills test, with biannual continuing education requirements. As I have now proposed this, I get to be the first Commissioner of Prostitution (COP) and the tester in chief. The rest of you can apply for jobs as my assistants.
 

krideynyc

Registered Member
Messages: 3,287
Reviews: 9
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#51
Kridey - there is a fine line distinction that needs to be made in discussions over making something legal/illegal. Everything is "legal" (i.e. permissible) unless a law has been passed to make it illegal. So it isn't that Nevada made prostitution legal, it is that they didn't make it illegal. Similar to the US Constitution reserving everything to the States if not enumerated as a Federal power or jurisdiction. So when we talk about making prostitution legal, what we are really proposing is repealing those laws that have been put in place making it illegal.
I agree with that. What I didn't agree with was saying the Constitution did not permit laws to be defined by the States as they saw fit. As long as the laws are not unconstitutional. I also had an issue with the argument itself. Saying "there is nothing in the Constitution that prohibits prostitution" is just plain stupid. Murder, and a host of other crimes, are not specifically prohibited within the Constitution. No one in their right mind would argue that everyone has the Constitutional right to kill someone.
 

VJLUTZ

Desire is the opposite of death.
Messages: 1,672
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#56
I agree with that. What I didn't agree with was saying the Constitution did not permit laws to be defined by the States as they saw fit. As long as the laws are not unconstitutional.
Who said that exactly?

Saying "there is nothing in the Constitution that prohibits prostitution" is just plain stupid. Murder, and a host of other crimes, are not specifically prohibited within the Constitution. No one in their right mind would argue that everyone has the Constitutional right to kill someone.
There is nothing wrong with that statement. As @Hardrobert correctly stated: unless something is unconstitutional, everything is legal unless a law is passed to make it illegal. There are a whole host of laws that have been passed to make all kinds of things illegal, including prostitution. And, as long as we're talking stupid, what is really stupid is trying to put prostitution in the same category as murder when it comes to illegality.
 

krideynyc

Registered Member
Messages: 3,287
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#57
Who said that exactly?
You did with the word "nothing". Hence my reminder.
There is nothing wrong with that statement. As @Hardrobert correctly stated: unless something is unconstitutional, everything is legal unless a law is passed to make it illegal. There are a whole host of laws that have been passed to make all kinds of things illegal, including prostitution.
That's incorrect. Uncontitutional applies to laws that affects all 50 States. You can have contrary laws between States. And that's why the SCOTUS is kept busy.
And, as long as we're talking stupid, what is really stupid is trying to put prostitution in the same category as murder when it comes to illegality.
Standard Litmus Test for arguments in a debate. Substitute another crime and see if the argument still holds up. Murder is still a crime, and it's an extreme, but valid example to use as a test.
 

VJLUTZ

Desire is the opposite of death.
Messages: 1,672
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Joined
#59
That's incorrect. Uncontitutional applies to laws that affects all 50 States. You can have contrary laws between States. And that's why the SCOTUS is kept busy.
Uh, no one said the Constitution didn't apply to the states. You seem to have a habit of incorporating statements in your argument that no one actually made.

And, yes, even laws against extreme crimes like murder, rape, arson, etc have to be passed at the state level. Why? Because the Constitution does not explicitly address those things. There are Federal laws against those crimes as well, but those only apply in very specific circumstances (like if they occur on Federal property).
 
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