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FBaggins

(27,916 posts)
7. Sorry. That's the one thing you were correct about
Mon Jul 11, 2016, 06:23 AM
Jul 2016

Your argument here breaks down to "A is basically the same as B... and look! B is unconstitutional"

The problems here are simple:

A is not the same as B:
- Executive orders are not the same thing as passed legislation
- Disinvestment is not the same thing as blocking contracts
- Blacklists are not the same thing as criteria for investment

You also haven't demonstrated that B is unconstitutional:
- You provided opinion pieces... not court precedent
- You forget that there have been anti-boycott laws (federal ones) on the books since the Arab League started pushing for boycotts back in the 70s. Courts have held those laws to be constitutional. Courts trump New Yorker opinions pieces.

Most claims like this boil down to "it's unconstitutional to punish someone for exercising a constitutional right"... which is fine as far as it goes... but they always badly misunderstand what qualifies as a "punishment". If a county posts a "no trucks over 2 tons" sign on a road... they aren't "punishing" truck drivers. Only people above a certain age can received Social Security... yet that doesn't "punish" people for their age. Governments have elected to steer contracts to minority-owned businesses without fear of being challenged for "punishing" Caucasians for exercising their constitutional right to own a business. The government has every right to direct where their retirement funds are invested - including avoiding bigoted companies.

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