Not Understanding the Law– Commerce

Here we see people talking about the law, for example, how the fur ban in West Hollywood might be unconstitutional, where equal protection and due process and other claims were cited……………

Barry Appleby says:

“I do not think that the Constitution of the USA is meant to protect the rights of businesses to make a profit. “Due process” refers I believe to the right of indiivudals to a fair trial to determine their guilt or innocence. I am not sure about “equal protection” but does the Constitution even consider the rights of businesses? I think not. Since the business is free to relocate to a different city, I cannot see that any rights have been infringed. It would seem that this is a matter of local standards, as is the case with regard to “adult” films etc. This decision, I would argue, reflects the views of a majority of the residents, and the city council is therefore, in effect, following the will of the people. I am a British citizen and far from being an expert on the Constitution, so perhaps somebody who is, could enlighten us as to how this matter will be handled in court.”

Following the will of the people? Protect the rights of businesses to make a profit?

The commerce clause and dormant commerce clause do in fact protect the rights of businesses. How this occurs is a complex factoring process while taking into consideration, a lot of case law nuances. However, the “rights of businesses” to “make a profit” is not exactly the issue; whether or not it is a for profit business  is not likely the question, since non profits are commerce and they may make a profit or not, again–“making” the profit is not what determines whether or not the business is in commerce.

ARs consistently claim selling animals is bad, evil, illegal because they don’t WANT anyone to make a profit off any animal, BUT it is ok for AR non profits to MAKE a profit IF THEY resell the used merchandise????

Do we really think all of the non profits of the world do not make a profit? Of course they do. They resell animals, they buy animals and they sell products to go with the animals. They do fund raising and can make a profit but that is NOT what determines whether they are involved in commerce in general. HSUS and ASPCA and Best Friends for example, are involved in commerce, interstate and intrastate. They raise huge amounts of money, have been involved in RICO allegations, and if that doesn’t say it, we don’t know what would. Best Friends has not been directly charged with RICO but plenty of other AR groups have.


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