It's been a while since I had any constitutional law classes, but if I remember correctly a fundamental element of the constitution, including an original basis of not forcing self-incrimination is that the purpose of laws was to protect us from infringement from others.  

If what you are doing transgresses or will transgress on others then there are (or will be) laws to deal with it.  However, if no transgression against another is made or will result from an activity then there is no case.  EG, for there to be a case against someone there must be an 'agrieved' party.  Who is the agrieved party?

With this foundation, on what basis can a government (state or local) create a law against prostitution?  I don't remember anything in the Constitution or BOR about legislating private activities that do not infringe on anyone else or legislating morality, unless the 10th amendment essentially give states the right to do almost whatever they want, which I don't believe it does.

I'm sure many others far more knowledgeable than I have looked at this.  Does anyone know the scoop?

Thanks,

Launce



-- Modified on 4/2/2002 12:23:53 PM