Is It Constitutional To Ban Happy Meals?

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wstfld

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#51 wstfld
Member since 2008 • 6375 Posts
I don't think its constitutional to ban happy meals, cocaine, heroin or anything you want to put in your body.
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zeldafreak7

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#53 zeldafreak7
Member since 2008 • 8036 Posts
i dont know if its in the constituion, and one person saying it is doest prove anything to me, but i would think it is quite unconstitutional. if its not, i might need to work on an amendment.:P
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testfactor888

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#54 testfactor888
Member since 2010 • 7157 Posts
I don't think its constitutional to ban happy meals, cocaine, heroin or anything you want to put in your body. wstfld
Now this man I can agree with.
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DJ_Lae

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#55 DJ_Lae
Member since 2002 • 42748 Posts
Still think it's silly. It would make more sense in Canada where healthcare is subsidized by taxes, but it's ridiculous in the US - parents may be idiotic most of the time but it's still up to them if they shove garbage into their children, and they pay for the consequences.
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Xeros606

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#56 Xeros606
Member since 2007 • 11126 Posts
The San Fran law is stupid, but it's a huge overstatement to say that they banned them.
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MrGeezer

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#57 MrGeezer
Member since 2002 • 59765 Posts

[QUOTE="UT_Wrestler"]They didn't ban happy meals, they just banned putting toys in kids meals that don't meet certain nutritional guidelines. Still dumb, and even most liberal journalists think its ridiculous. We don't need the government to protect us from ourselves.GabuEx

No, but given the state of parenting today I'm starting to warm up to the idea that we need the government to protect our kids from ourselves. :P

I'm not so sure about that. People bring up news stories about obesity or illiteracy and such, but I'm really sort of skeptical of the idea that kids today are getting worse parenting than the kids of 100 years ago.

I don't know if any serious objective studies have been done on this sort of thing, but it'd surprise the hell out of me if parenting today is worse than it used to be in recent history.

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MrGeezer

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#58 MrGeezer
Member since 2002 • 59765 Posts

[QUOTE="worlock77"]

[QUOTE="dunl12496"]

Encouraged by non government organizations you mean. Mcdonalds can do whatever the heck they want with food I say.

dunl12496

So if they wanted to undercook their food to cause an ecoli outbreak that would be cool?

No, eat mcdonalds kids meal once and you won't be deathly ill. It's schools fault more than mcdonalds.

Smoke a cigarette once and it won't give you cancer. That doesn't mean that tobacco companies should be allowed to market cigarettes to kids.

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jeremiah06

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#59 jeremiah06
Member since 2004 • 7217 Posts
They can ban happy meals... However, it would be stupid to do. You could just buy your kid an even less healthy adult sized meal... However, the main draw to happy meals is the toy... So banning the toy is the more reasonable thing to do. Or only allow toys to be sold with fruit and salads...
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Silenthps

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#60 Silenthps
Member since 2006 • 7302 Posts
For everyone voting "no," why exactly is it unconstitutional?chessmaster1989
It goes against the freedom of religion. Now excuse me while I go attend the church of unhealthy kids meals.
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markop2003

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#61 markop2003
Member since 2005 • 29917 Posts
I'm sure it's constitutional but it seems a bit pointless. They could just rebrand it as an "Delighted Meal" or Gay Meal"
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Vax45

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#62 Vax45
Member since 2005 • 4834 Posts
I think this ban has more to do with subliminal advertising, or something along the lines of that. I doubt they would ban something just because it's unhealthy, even if it's coming from California.
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Seiki_sands

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#63 Seiki_sands
Member since 2003 • 1973 Posts

Yes, it's constitutional, but...

no, it isn't appropriate, however...

no, I wouldn't lift a finger to protest such a ban;

nor would I lift a finger to enact such a ban.

There are real societal consequences and costs to the obesity epidemic, so society has an interest in dealing with it. I do not approve of this particular regulation, which I believe to be missing the plot, but Government not only has the right, it has the clear responsibility to regulate commerce, even and especially at the Federal level. It can be argued that regulation of commerce is one of the primary motivations for the creation of the Constitution after the Articles of Confederation failed, partly due to a lack of power to regulate commerce. Local governments have always, and will always have the right to deny anything not specifically granted as a right not to be abridged under the Constitution, and those rights are few in number, very famous, and do not include the right to buy a happy meal.

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mrmusicman247

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#64 mrmusicman247
Member since 2008 • 17601 Posts
Hmmm...I don't remember reading about Happy Meals when we read the constitution in high school
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scorch-62

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#65 scorch-62
Member since 2006 • 29763 Posts
"Freedom of business" is not a stipulation of the first amendment. Or any amendment, for that matter.
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Elraptor

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#66 Elraptor
Member since 2004 • 30966 Posts
I don't see any obvious constitutional challenge, but maybe that's just because an obesity-based food ban is relatively new to us? What could the arguments be? Not equal protection--there's an element of age discrimination here, but that only gets rational basis review. Probably not substantive due process, at least not regarding freedom to buy or sell--the economic prong of substantive due process died decades ago. As for the fundamental rights prong of substantive due process, who could argue with a straight face that the right to purchase toys along with cheeseburgers is essential to American traditions of liberty? Maybe a really good constitutional lawyer, but I doubt it. Last but not least, there is no enumerated right applicable to this situation. People like to talk about the pursuit of happiness, but that language is from the Declaration of Independence, not the Constitution.
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silverwind23

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#67 silverwind23
Member since 2009 • 660 Posts

We don't ban most things in America. We just strap burdensome regulations on them until it is no longer worth partaking in said thing or activity.

quetzalcoatI
im pretty sure that happens in most 1st world nations
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the_ChEeSe_mAn2

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#68 the_ChEeSe_mAn2
Member since 2003 • 8463 Posts
Considering how more than 30% of Americans are overweight if not obese, I'd say that is a good start.
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deactivated-5f9e3c6a83e51

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#69 deactivated-5f9e3c6a83e51
Member since 2004 • 57548 Posts

That's complete bullcrap. The government can certainly pass a regulation stating that McDonald's should list the ingredients, calories, and nutrient information for their happy meal, but they can't ban them from having a toy in it. There's no safety hazard. It's just the government trying to decide what's best for people instead of letting the people make that call. Why would anyone be for that? Are they going to ban swimming pools because people drown in them? Ban cars, because emissions are unhealthy? Ban all ice cream because it makes you fat?

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harashawn

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#70 harashawn
Member since 2008 • 27620 Posts
They're not banning happy meals, they're banning toys in Happy Meals. I don't know much about the US Constitution, but I don't think it's unconstitutional, it's just silly.
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MagnumPI

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#71 MagnumPI
Member since 2002 • 9617 Posts

I believe it is unconstitutional to ban them all together, however I believe it is perfectly constitutional to tell mcdonalds that they need to make there meals healthier if they want them to appeal to children.Shindiggah

It's not constitutional to dictate. We have laws. And as long as McDonald'sdoesn't break those laws or violate any codes they are not doing anything illegal. Maybe unethical but not illegal. McDonald's is not responsible for the choices of their customers. The food may be unhealthy but so is smokingtoo manycigarettes, consuming an excess of alcohol as welleating way too much candy and pastries. McDonald's is not Blame for gluttony and poor choices.

Sure McDonald's markets their food to children but they're not suggesting eat everyday of the week multiple times. And so what if they were. It's the parent's fault for feeding their kid too much of that stuff.

I liked McDonald's when I was a kid but my parents made sure I ate right, I rarely chose to eat at those places when I was a teenager. I'm sure I haven't eaten at McDonald's for at least a decade. Out of all of the fast food places that exist I'm sure I've only been there a total of a few weeks when combining the duration of ten years. 14 days out of 3650.

Hey, if the kid is a defiant littleturd that refuses to be reasoned with let the little brat eat as much of that crap as he or she wants. Then once they start complaining they are gaining weight or don't feel well just tell them to go eat some more McDonald's.

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Omni-Slash

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#72 Omni-Slash
Member since 2003 • 54450 Posts
when has our govt ever worried about the constitution?....
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Omni-Slash

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#74 Omni-Slash
Member since 2003 • 54450 Posts

True, and I find that very very disturbing.

magicalclick
but but but...it's for your own good.... seriously people.....govt can't "protect" you without taking away your liberty....
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MagnumPI

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#76 MagnumPI
Member since 2002 • 9617 Posts

[QUOTE="quetzalcoatI"]

We don't ban most things in America. We just strap burdensome regulations on them until it is no longer worth partaking in said thing or activity.

magicalclick

True, and I find that very very disturbing.

Well they know they can't get their way with a direct approachso the next best thing is harassment. But the problem is people don't like being sand bagged so they will keep doing it no matter how much they are harassed. There's always someone who believes they can intimidate the will of the citizens.

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redstorm72

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#77 redstorm72
Member since 2008 • 4646 Posts

The law is pointless. They don't seem to realize that it's the parents buying the Happy Meals, not the kids. These lazy cheap parents will just go to another fast food place to buy the food, since they already don't care about their kids well being.

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worlock77

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#78 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

[QUOTE="dunl12496"]

Encouraged by non government organizations you mean. Mcdonalds can do whatever the heck they want with food I say.

dunl12496

So if they wanted to undercook their food to cause an ecoli outbreak that would be cool?

No, eat mcdonalds kids meal once and you won't be deathly ill. It's schools fault more than mcdonalds.

Cool. Now try addressing the question I asked.

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Frattracide

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#79 Frattracide
Member since 2005 • 5395 Posts

HECK NO!! This is absolutely RIDICULOUS! Freedom of business! You can't do that! ******* idiots.

What do you think? In a calmer manner.... no I do not believe so.

dunl12496

What part of the Constitution do you think is being violated with the passing of this law?

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Darthmatt

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#80 Darthmatt
Member since 2002 • 8970 Posts

This is a local matter, the federal law does not need to be applied here. This is like asking is it unconstitutional to ban alcohol sales on Sunday morning.

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Pixel-Pirate

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#81 Pixel-Pirate
Member since 2009 • 10771 Posts

Yes. To say no would be to say that no product should be able to be banned. We have regulations. Many products have been banned such as Marijuana.

Now does that make it right? No. Does it make sense to ban happy meals? No. Will it do even .0000001% of a difference in obesity rates? No. Do I support banning them? No.

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Oleg_Huzwog

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#82 Oleg_Huzwog
Member since 2007 • 21885 Posts

I'm pretty sure the regulation of commerce is constitutional.

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Ninja-Hippo

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#83 Ninja-Hippo
Member since 2008 • 23434 Posts
I think it makes more sense to regulate the food industry so you can't sell crap processed food to kids than it is to ban happy meals.
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-Big_Red-

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#84 -Big_Red-
Member since 2006 • 7230 Posts
If theyre going to ban Happy meals, than they might us well should ban, guns cigarettes, and alcohol.
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worlock77

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#85 worlock77
Member since 2009 • 22552 Posts

If theyre going to ban Happy meals, than they might us well should ban, guns cigarettes, and alcohol.-Big_Red-

They're not banning Happy Meals, simply putting a certain regulation over them. Much like guns, cigarettes and alcohol have.

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-Big_Red-

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#86 -Big_Red-
Member since 2006 • 7230 Posts

[QUOTE="-Big_Red-"]If theyre going to ban Happy meals, than they might us well should ban, guns cigarettes, and alcohol.worlock77

They're not banning Happy Meals, simply putting a certain regulation over them. Much like guns, cigarettes and alcohol have.

Oh, I kind of jumped the gun as soon as I saw the topic title. :oops:
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ptree01

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#87 ptree01
Member since 2009 • 63 Posts

No it's not constitutional, and it's a stupid question. It's a "goodwill" law that has no founding in any sort of constitutional basis. The constitution never grants the privilege of restricting trans fats or deciding what is right or wrong for parents to buy for their children. It's idiotic and, quite frankly, un-American.

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worlock77

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#88 worlock77
Member since 2009 • 22552 Posts

No it's not constitutional, and it's a stupid question. It's a "goodwill" law that has no founding in any sort of constitutional basis. The constitution never grants the privilege of restricting trans fats or deciding what is right or wrong for parents to buy for their children. It's idiotic and, quite frankly, un-American.

ptree01

It's not unconstitutional.

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Pixel-Pirate

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#89 Pixel-Pirate
Member since 2009 • 10771 Posts

I think it makes more sense to regulate the food industry so you can't sell crap processed food to kids than it is to ban happy meals. Ninja-Hippo

I agree. If anything should be banned/regulated it's coca-cola, pepsi, dreyers, and frito lay.

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jeremiah06

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#90 jeremiah06
Member since 2004 • 7217 Posts

Yes. To say no would be to say that no product should be able to be banned. We have regulations. Many products have been banned such as Marijuana.

Now does that make it right? No. Does it make sense to ban happy meals? No. Will it do even .0000001% of a difference in obesity rates? No. Do I support banning them? No.

Pixel-Pirate
The current obesity rate is a moot point... Of course people won't drop 100 lbs from not having a happy meal but it stops kids from going down the wrong path of eating. They can leave happy meals as they are but just take the toy out. I can't speak for anyone other than me but as a kid I only cared about going there whenever I saw those new toys on TV. I remember every kid in my school had those pack in power rangers they offered(It took six meals to have a complete set...). They could just add a kids salad with toys included they'd still make their $$$ and kids eat better win - win no?
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Pixel-Pirate

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#91 Pixel-Pirate
Member since 2009 • 10771 Posts

[QUOTE="Pixel-Pirate"]

Yes. To say no would be to say that no product should be able to be banned. We have regulations. Many products have been banned such as Marijuana.

Now does that make it right? No. Does it make sense to ban happy meals? No. Will it do even .0000001% of a difference in obesity rates? No. Do I support banning them? No.

jeremiah06

The current obesity rate is a moot point... Of course people won't drop 100 lbs from not having a happy meal but it stops kids from going down the wrong path of eating. They can leave happy meals as they are but just take the toy out. I can't speak for anyone other than me but as a kid I only cared about going there whenever I saw those new toys on TV. I remember every kid in my school had those pack in power rangers they offered(It took six meals to have a complete set...). They could just add a kids salad with toys included they'd still make their $$$ and kids eat better win - win no?

It still becomes the choice of the parent. If the kid is able to get his way and force the parent to get the toy he will likely be able to get his way and get the meal that doesn't taste like crap.

And when will you start regulating places like black angus, red robin, etc? Their food has far higher fatty content than mcdonalds.

Resturaunts are not the problem. People do not go to mcdonalds every day especially not in the current economic situation. Kids do not go obese from eating happy meals. If you want to stop obesity then aim it at some place that makes sense. Kids eat bags of doritos every day for months. A bag of doritos probably has around an equal fat content as a happy meal. Add in the coke that kids drinking ('round an extra 300 calories) and then ask your self "Which is the problem? The one a week happy meal or the multi-a day coke with doritos?".

Put penalties and regulations on super markets if you care so much. As it is you're doing nothing but peeing in the wind to make one feel like they "did something" when you didn't do anything.

I also don't think the average kid in the modern world cares about cheap chinese iron man toys when most kids have Ipods and a Nintendo DS. I'd rather play Pokemon Platinum instead of my cheap breaks in a second swapmeet level spiderman.

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lilasianwonder

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#92 lilasianwonder
Member since 2007 • 5982 Posts
If people want to get fat I say they have the right to do so.
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jeremiah06

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#93 jeremiah06
Member since 2004 • 7217 Posts

[QUOTE="jeremiah06"][QUOTE="Pixel-Pirate"]

Yes. To say no would be to say that no product should be able to be banned. We have regulations. Many products have been banned such as Marijuana.

Now does that make it right? No. Does it make sense to ban happy meals? No. Will it do even .0000001% of a difference in obesity rates? No. Do I support banning them? No.

Pixel-Pirate

The current obesity rate is a moot point... Of course people won't drop 100 lbs from not having a happy meal but it stops kids from going down the wrong path of eating. They can leave happy meals as they are but just take the toy out. I can't speak for anyone other than me but as a kid I only cared about going there whenever I saw those new toys on TV. I remember every kid in my school had those pack in power rangers they offered(It took six meals to have a complete set...). They could just add a kids salad with toys included they'd still make their $$$ and kids eat better win - win no?

It still becomes the choice of the parent. If the kid is able to get his way and force the parent to get the toy he will likely be able to get his way and get the meal that doesn't taste like crap.

And when will you start regulating places like black angus, red robin, etc? Their food has far higher fatty content than mcdonalds.

Resturaunts are not the problem. People do not go to mcdonalds every day especially not in the current economic situation. Kids do not go obese from eating happy meals. If you want to stop obesity then aim it at some place that makes sense. Kids eat bags of doritos every day for months. A bag of doritos probably has around an equal fat content as a happy meal. Add in the coke that kids drinking ('round an extra 300 calories) and then ask your self "Which is the problem? The one a week happy meal or the multi-a day coke with doritos?".

Put penalties and regulations on super markets if you care so much. As it is you're doing nothing but peeing in the wind to make one feel like they "did something" when you didn't do anything.

I also don't think the average kid in the modern world cares about cheap chinese iron man toys when most kids have Ipods and a Nintendo DS. I'd rather play Pokemon Platinum instead of my cheap breaks in a second swapmeet level spiderman.

I agree but the whole "there are worse things so lets do nothing at all" attitude helps no one. There are thousands of factors that go into a kid becoming obese I'd agree to any real steps needed to eliminate 1 of them.
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T_P_O

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#94 T_P_O
Member since 2008 • 5388 Posts

Question given: Is it constitutional to ban happy meals?

Question most people are answering: Do you agree with banning happy meals?

Oh OT, please change soon, you're dire.

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Serraph105

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#96 Serraph105
Member since 2007 • 36092 Posts

they aren't banning happy meals :roll:

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dunl12496

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#97 dunl12496
Member since 2009 • 5710 Posts

No it's not constitutional, and it's a stupid question. It's a "goodwill" law that has no founding in any sort of constitutional basis. The constitution never grants the privilege of restricting trans fats or deciding what is right or wrong for parents to buy for their children. It's idiotic and, quite frankly, un-American.

ptree01

I agree. Should we not sell metal rulers too? That would save more lives.

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dunl12496

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#98 dunl12496
Member since 2009 • 5710 Posts

The Constitution is so overrated.

Robbazking

No, it's why you're here.

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hokies1313

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#99 hokies1313
Member since 2005 • 13919 Posts
No, this law is completely unconstitutional. It violates the 9th amendment in several different ways.
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dunl12496

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#100 dunl12496
Member since 2009 • 5710 Posts

No, this law is completely unconstitutional. It violates the 9th amendment in several different ways.hokies1313

Agreed.