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Re: why ????????
[QUOTE=HiDefFisherman;375644]totally agree HB on the visitor's license, but would it be practical to have visitor's safety certification? It's unconstitutional to apply laws to just certain groups of a population.
HDF:
Don't think its applying law to a group of a population. Its regulating a privilege. As KY-ites, we don't have the right to fish in public waters, we have to be granted that privilege, according to law, to do so by acquiring a license. By definition a license may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is "an authorization (by the licensor) to use the licensed material (by the licensee)."
Laws of one state can apply to non-residents. A state's Sovereignty afforded by the Constitution allows them to regulate all who are within their territorial boundaries, so long as such law does not conflict or undermine federal law. Only fisherman have to buy a fishing license, and fisherman are a portion of the population, but are a portion of the population wishing to be granted a specific privilege to conduct a certain act with in the state.
PS: I gotta stop watching all those lawyer movies :-)
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Re: why ????????
Not going to argue HB, I am only going on the information I got in college and from my sister, a lawyer. She's not a particularly good lawyer, so I'll defer to your wisdom!
LOL
HDF
PS, the college courses I took were all in management and marketing, so I am merely considering the discrimination laws and the application of any law that affects a disparaite (spelling??-- it's really the first thing to go) *smile* group of any population. If a law enforcement entity is called upon to "enforce" something, even if it is a privelege license, I think it becomes discrimintory on its face. Ooops, sorry, I tried to stop myself...>LOL
I would imagine HB, that you are probably way more right than me on this. I mean it is late, and I am uhmmmm well I would not be on the water in my condition, so I will throw in the towel. Has to be totally legal.
HDF
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Re: why ????????
HDF,
No arguments here, just enjoyed the exchange of views. Cheers and regards!
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