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	<title>Comments on: Guess He&#8217;ll Go Back To Selling Crack</title>
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	<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
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		<title>By: Militant Libertarian &#187; Guess He’ll Go Back To Selling Crack</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-3031032</link>
		<dc:creator>Militant Libertarian &#187; Guess He’ll Go Back To Selling Crack</dc:creator>
		<pubDate>Tue, 03 Apr 2012 01:03:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-3031032</guid>
		<description><![CDATA[[...] Posted: April 2nd, 2012 by Militant Libertarian from The Agitator [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Posted: April 2nd, 2012 by Militant Libertarian from The Agitator [...]</p>
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		<title>By: supercat</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2956651</link>
		<dc:creator>supercat</dc:creator>
		<pubDate>Thu, 22 Mar 2012 23:08:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2956651</guid>
		<description><![CDATA[//#17 &#124;  edmund dantes &#124;  &quot;It’s exactly equivalent if you look at the reasoning.&quot; //

I believe that in most states (someone tell me if I&#039;m wrong), if a party X illegitimately imposes obstacles to party Y filing a claim against X, such action often restarts the process-of-limitations clock.  Beyond any particular rules related to statues of limitations, this would also be a consequence of the &quot;clean hands&quot; and &quot;unjust enrichment&quot; principles.

Suppose Fred Jones were allowed to file suit against Alan Smith on March 23, 2012, claiming that Alan Smith failed to make an agreed-upon rent payment in January of 1962.  The statute of limitations essentially lets Alan Smith claim that he did make the payments, that he had evidence 50 years ago, and that the fact that he can&#039;t produce evidence to support his case is Alan Smith&#039;s fault for not having brought the case earlier.  In practice, the Statute of Limitations doesn&#039;t even require Alan to claim to have made payment, since (1) there&#039;s likely no way Fred Jones could prove that Alan Smith could never have had evidence that would support his case, and (2) it&#039;s likely that whether or not Alan Smith made the payment, his memory of what he did 50 years ago would be unreliable.

The state was certainly aware that there were people had paid taxes under the statute which, if the statute is found to have been illegitimate, the payers would never have owed.  Further, it was the actions of the state which prevent people from filing refund claims prior to the statute&#039;s being struck down.  As such, I see no legitimate basis for the state to claim statute of limitations protections in the extant case.]]></description>
		<content:encoded><![CDATA[<p>//#17 |  edmund dantes |  &#8220;It’s exactly equivalent if you look at the reasoning.&#8221; //</p>
<p>I believe that in most states (someone tell me if I&#8217;m wrong), if a party X illegitimately imposes obstacles to party Y filing a claim against X, such action often restarts the process-of-limitations clock.  Beyond any particular rules related to statues of limitations, this would also be a consequence of the &#8220;clean hands&#8221; and &#8220;unjust enrichment&#8221; principles.</p>
<p>Suppose Fred Jones were allowed to file suit against Alan Smith on March 23, 2012, claiming that Alan Smith failed to make an agreed-upon rent payment in January of 1962.  The statute of limitations essentially lets Alan Smith claim that he did make the payments, that he had evidence 50 years ago, and that the fact that he can&#8217;t produce evidence to support his case is Alan Smith&#8217;s fault for not having brought the case earlier.  In practice, the Statute of Limitations doesn&#8217;t even require Alan to claim to have made payment, since (1) there&#8217;s likely no way Fred Jones could prove that Alan Smith could never have had evidence that would support his case, and (2) it&#8217;s likely that whether or not Alan Smith made the payment, his memory of what he did 50 years ago would be unreliable.</p>
<p>The state was certainly aware that there were people had paid taxes under the statute which, if the statute is found to have been illegitimate, the payers would never have owed.  Further, it was the actions of the state which prevent people from filing refund claims prior to the statute&#8217;s being struck down.  As such, I see no legitimate basis for the state to claim statute of limitations protections in the extant case.</p>
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		<title>By: Peter Ramins</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2953709</link>
		<dc:creator>Peter Ramins</dc:creator>
		<pubDate>Thu, 22 Mar 2012 13:28:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2953709</guid>
		<description><![CDATA[I know you really don&#039;t want to hear this, but Tennessee seems really intent on toppling Florida for sheer &#039;wtf&#039; stories.]]></description>
		<content:encoded><![CDATA[<p>I know you really don&#8217;t want to hear this, but Tennessee seems really intent on toppling Florida for sheer &#8216;wtf&#8217; stories.</p>
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		<title>By: Pugnacious</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2952906</link>
		<dc:creator>Pugnacious</dc:creator>
		<pubDate>Thu, 22 Mar 2012 11:26:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2952906</guid>
		<description><![CDATA[&lt;i&gt;I guess MLK has his impersonators, too. But as is always the case, they’re just not the same.&lt;/i&gt;~

I know what you mean by the impersonators not being the same, but the new generations that had never experienced the real Elvis will have no basis for comparison. There is a Jerry Lee Lewis impersonator.  I have not seen him &quot;live,&quot; but I&#039;ve talked to others that say he&#039;s better than the Real Jerry Lee. 

And I have wondered why there are no  black impersonators from the Delta Blues/R&amp;B era.  Why no Screaming Jay Hawkins, Little Richard or Howling Wolf? The new generations have only YouTube to see these greats like Screaming Jay doing his &quot;moon walking&quot;  &lt;b&gt;I Put A Spell On You&lt;/b&gt;.

But no one can EVER successfully  impersonate a Bo Diddley.]]></description>
		<content:encoded><![CDATA[<p><i>I guess MLK has his impersonators, too. But as is always the case, they’re just not the same.</i>~</p>
<p>I know what you mean by the impersonators not being the same, but the new generations that had never experienced the real Elvis will have no basis for comparison. There is a Jerry Lee Lewis impersonator.  I have not seen him &#8220;live,&#8221; but I&#8217;ve talked to others that say he&#8217;s better than the Real Jerry Lee. </p>
<p>And I have wondered why there are no  black impersonators from the Delta Blues/R&amp;B era.  Why no Screaming Jay Hawkins, Little Richard or Howling Wolf? The new generations have only YouTube to see these greats like Screaming Jay doing his &#8220;moon walking&#8221;  <b>I Put A Spell On You</b>.</p>
<p>But no one can EVER successfully  impersonate a Bo Diddley.</p>
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		<title>By: Matt</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2951488</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Thu, 22 Mar 2012 07:19:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2951488</guid>
		<description><![CDATA[@17

I don&#039;t see why it would need to go to court at all.  Employment decisions are private agreements between private parties.  If one party is dissatisfied they are free to ask to alter the terms of the agreement or terminate the agreement entirely, either by the company laying off the individual or the individual quitting for greener pastures.  I don&#039;t see why it makes me &quot;statist&quot; for saying the government shouldn&#039;t pull a gun on these people.]]></description>
		<content:encoded><![CDATA[<p>@17</p>
<p>I don&#8217;t see why it would need to go to court at all.  Employment decisions are private agreements between private parties.  If one party is dissatisfied they are free to ask to alter the terms of the agreement or terminate the agreement entirely, either by the company laying off the individual or the individual quitting for greener pastures.  I don&#8217;t see why it makes me &#8220;statist&#8221; for saying the government shouldn&#8217;t pull a gun on these people.</p>
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		<title>By: edmund dantes</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2950382</link>
		<dc:creator>edmund dantes</dc:creator>
		<pubDate>Thu, 22 Mar 2012 03:06:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2950382</guid>
		<description><![CDATA[It&#039;s exactly equivalent if you look at the reasoning. What the company did to Ledbetter was illegal discrimination. The Supreme Court used the same idea to say she had no right to sue and get money back that this court has ruled. I would lay money that this court in some ways relied on that ruling. 

Don&#039;t let your own biases keep you from seeing a wrong when it&#039;s a wrong. It was wrong that it is happening to this guy just as it was a wrong that she was denied her own day in court for the same reasons. The same reasoning can be used to say that you are not owned any recompense if a company poisoned your drinking water (illegal) if it takes you longer than the statue of limitations to find out they did, but I guess that would be just whining about an unfair life for you to sue that company.

It&#039;s a very clever way by corporatist and statist judges to close off the courts from ordinary citizens. It looks like you are fine with that so long as it&#039;s a company that did the damage even though they are both horrible rulings.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s exactly equivalent if you look at the reasoning. What the company did to Ledbetter was illegal discrimination. The Supreme Court used the same idea to say she had no right to sue and get money back that this court has ruled. I would lay money that this court in some ways relied on that ruling. </p>
<p>Don&#8217;t let your own biases keep you from seeing a wrong when it&#8217;s a wrong. It was wrong that it is happening to this guy just as it was a wrong that she was denied her own day in court for the same reasons. The same reasoning can be used to say that you are not owned any recompense if a company poisoned your drinking water (illegal) if it takes you longer than the statue of limitations to find out they did, but I guess that would be just whining about an unfair life for you to sue that company.</p>
<p>It&#8217;s a very clever way by corporatist and statist judges to close off the courts from ordinary citizens. It looks like you are fine with that so long as it&#8217;s a company that did the damage even though they are both horrible rulings.</p>
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		<title>By: Matt</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2950320</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Thu, 22 Mar 2012 02:51:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2950320</guid>
		<description><![CDATA[@edmund

I don&#039;t see why its equivalent.  Ledbetter could have left the company, or asked for more money, or done anything besides sitting back and whining about how unfair life is.  Not possible in this case.]]></description>
		<content:encoded><![CDATA[<p>@edmund</p>
<p>I don&#8217;t see why its equivalent.  Ledbetter could have left the company, or asked for more money, or done anything besides sitting back and whining about how unfair life is.  Not possible in this case.</p>
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		<title>By: George</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2950074</link>
		<dc:creator>George</dc:creator>
		<pubDate>Thu, 22 Mar 2012 01:52:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2950074</guid>
		<description><![CDATA[Pugnacious --

Perhaps I could have said Kings - plural.  There was also Martin Luther King, who was murdered in Tennessee.

I guess MLK has his impersonators, too.  But as is always the case, they&#039;re just not the same.]]></description>
		<content:encoded><![CDATA[<p>Pugnacious &#8211;</p>
<p>Perhaps I could have said Kings &#8211; plural.  There was also Martin Luther King, who was murdered in Tennessee.</p>
<p>I guess MLK has his impersonators, too.  But as is always the case, they&#8217;re just not the same.</p>
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		<title>By: Pugnacious</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2950024</link>
		<dc:creator>Pugnacious</dc:creator>
		<pubDate>Thu, 22 Mar 2012 01:41:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2950024</guid>
		<description><![CDATA[&lt;i&gt;Ahhh, Tennessee! Birthplace of the Klan. Death-place of King.&lt;/i&gt;~ George



Yes, I can remember Elvis&#039; death as if were just yesterday. Elvis is sadly missed in Memphis and throughout the world as well.

Btw, one of the best Elvis impersonators, Mike Russell of Petal, Mississippi , is listed in the top twenty Elvis impersonators worldwide.

He&#039;s a better Elvis impersonator than  was Andy Kaufman in his heyday.]]></description>
		<content:encoded><![CDATA[<p><i>Ahhh, Tennessee! Birthplace of the Klan. Death-place of King.</i>~ George</p>
<p>Yes, I can remember Elvis&#8217; death as if were just yesterday. Elvis is sadly missed in Memphis and throughout the world as well.</p>
<p>Btw, one of the best Elvis impersonators, Mike Russell of Petal, Mississippi , is listed in the top twenty Elvis impersonators worldwide.</p>
<p>He&#8217;s a better Elvis impersonator than  was Andy Kaufman in his heyday.</p>
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		<title>By: George</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2949894</link>
		<dc:creator>George</dc:creator>
		<pubDate>Thu, 22 Mar 2012 01:06:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2949894</guid>
		<description><![CDATA[Ahhh, Tennessee!  Birthplace of the Klan.  Death-place of King.]]></description>
		<content:encoded><![CDATA[<p>Ahhh, Tennessee!  Birthplace of the Klan.  Death-place of King.</p>
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		<title>By: Pi Guy</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2949861</link>
		<dc:creator>Pi Guy</dc:creator>
		<pubDate>Thu, 22 Mar 2012 01:02:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2949861</guid>
		<description><![CDATA[Therre might be a state statute limiting petitions for refunds but I have to believe that there&#039;s no statute of limitations on suing the State of TN for violation of their Constitutional Rights.

I&#039;m fairly certain that any enacted law that&#039;s unconstitutional is essentially no law at all. The state took the guy&#039;s money without any just cause. In fact, they are even more guilty criminally let alone even just worthy of a civil suit, I&#039;d think, for enacting the un-law in the first place.]]></description>
		<content:encoded><![CDATA[<p>Therre might be a state statute limiting petitions for refunds but I have to believe that there&#8217;s no statute of limitations on suing the State of TN for violation of their Constitutional Rights.</p>
<p>I&#8217;m fairly certain that any enacted law that&#8217;s unconstitutional is essentially no law at all. The state took the guy&#8217;s money without any just cause. In fact, they are even more guilty criminally let alone even just worthy of a civil suit, I&#8217;d think, for enacting the un-law in the first place.</p>
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		<title>By: CSD</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2949530</link>
		<dc:creator>CSD</dc:creator>
		<pubDate>Wed, 21 Mar 2012 23:44:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2949530</guid>
		<description><![CDATA[&quot;Crack tax is Whack&quot;]]></description>
		<content:encoded><![CDATA[<p>&#8220;Crack tax is Whack&#8221;</p>
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		<title>By: edmund dantes</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2949419</link>
		<dc:creator>edmund dantes</dc:creator>
		<pubDate>Wed, 21 Mar 2012 23:18:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2949419</guid>
		<description><![CDATA[This follows the same reasoning the Judges on SCOTUS used to screw Lilly Ledbetter. Even though she was unaware of wage discrimination at the time it happened, the clock started ticking there at the initial discrimination. Also, bizarrely, the clock never reset even though each subsequent paycheck was also a discriminatory act.

Now a criminal would never get away with that while arguing that only the initial dope deal should constitute the statue of limitations kickoff and it&#039;s the only one that counts.]]></description>
		<content:encoded><![CDATA[<p>This follows the same reasoning the Judges on SCOTUS used to screw Lilly Ledbetter. Even though she was unaware of wage discrimination at the time it happened, the clock started ticking there at the initial discrimination. Also, bizarrely, the clock never reset even though each subsequent paycheck was also a discriminatory act.</p>
<p>Now a criminal would never get away with that while arguing that only the initial dope deal should constitute the statue of limitations kickoff and it&#8217;s the only one that counts.</p>
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		<title>By: Brandon</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2949174</link>
		<dc:creator>Brandon</dc:creator>
		<pubDate>Wed, 21 Mar 2012 22:33:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2949174</guid>
		<description><![CDATA[It&#039;s not often the word &quot;Kafkaesque&quot; fits so perfectly, but it only seems to happen when dealing with government.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s not often the word &#8220;Kafkaesque&#8221; fits so perfectly, but it only seems to happen when dealing with government.</p>
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		<title>By: C. S. P. Schofield</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2949144</link>
		<dc:creator>C. S. P. Schofield</dc:creator>
		<pubDate>Wed, 21 Mar 2012 22:27:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2949144</guid>
		<description><![CDATA[Suffer not the Old King, under any name....]]></description>
		<content:encoded><![CDATA[<p>Suffer not the Old King, under any name&#8230;.</p>
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		<title>By: TomG</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2949062</link>
		<dc:creator>TomG</dc:creator>
		<pubDate>Wed, 21 Mar 2012 22:09:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2949062</guid>
		<description><![CDATA[Is anyone actually surprised by this? I guess I&#039;m too jaded.]]></description>
		<content:encoded><![CDATA[<p>Is anyone actually surprised by this? I guess I&#8217;m too jaded.</p>
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		<title>By: 30 year lawyer</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2948980</link>
		<dc:creator>30 year lawyer</dc:creator>
		<pubDate>Wed, 21 Mar 2012 21:54:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2948980</guid>
		<description><![CDATA[The biggest victim of the &quot;war&quot; on drugs is respect for the law.  And, since I have to read their drivel, respect for judges.  Arrogant aristocrats in service to the King.]]></description>
		<content:encoded><![CDATA[<p>The biggest victim of the &#8220;war&#8221; on drugs is respect for the law.  And, since I have to read their drivel, respect for judges.  Arrogant aristocrats in service to the King.</p>
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		<title>By: SJE</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2948942</link>
		<dc:creator>SJE</dc:creator>
		<pubDate>Wed, 21 Mar 2012 21:48:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2948942</guid>
		<description><![CDATA[How convenient for the state.  

Speaking of legal issues:
If Obamacare goes down in the SCOTUS, it would likely require overturning decades of &quot;commerce clause&quot; case law.  I think that the case law stinks and should be overturned.  At the same time, I doubt that that all the big govt conservatives will be so happy when they consider the consequences: a lot of the anti-drug laws would go too.  Also, many conservative states big beneficiaries of the Federal govt, and may have to stand on their own if the Fed govt gets weaker.]]></description>
		<content:encoded><![CDATA[<p>How convenient for the state.  </p>
<p>Speaking of legal issues:<br />
If Obamacare goes down in the SCOTUS, it would likely require overturning decades of &#8220;commerce clause&#8221; case law.  I think that the case law stinks and should be overturned.  At the same time, I doubt that that all the big govt conservatives will be so happy when they consider the consequences: a lot of the anti-drug laws would go too.  Also, many conservative states big beneficiaries of the Federal govt, and may have to stand on their own if the Fed govt gets weaker.</p>
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		<title>By: Yizmo Gizmo</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2948818</link>
		<dc:creator>Yizmo Gizmo</dc:creator>
		<pubDate>Wed, 21 Mar 2012 21:16:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2948818</guid>
		<description><![CDATA[&quot;state will get to keep just about all of the $3 million it collected in its first two years of enforcing a tax that just about everyone knew was unconstitutional before it was passed.&quot;

Blatantly unconstitutional laws or practices, including curfews, are great ways to steal and violate rights when all else fails. Sure, they&#039;re gonna get struck down, inevitably, but think of all the good times to be had by cops, corrupt city councils and government burglars during those  precious few months or years.]]></description>
		<content:encoded><![CDATA[<p>&#8220;state will get to keep just about all of the $3 million it collected in its first two years of enforcing a tax that just about everyone knew was unconstitutional before it was passed.&#8221;</p>
<p>Blatantly unconstitutional laws or practices, including curfews, are great ways to steal and violate rights when all else fails. Sure, they&#8217;re gonna get struck down, inevitably, but think of all the good times to be had by cops, corrupt city councils and government burglars during those  precious few months or years.</p>
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	<item>
		<title>By: Guess He’ll Go Back To Selling Crack &#171; When Tennessee Pigs Fly</title>
		<link>http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/comment-page-1/#comment-2948813</link>
		<dc:creator>Guess He’ll Go Back To Selling Crack &#171; When Tennessee Pigs Fly</dc:creator>
		<pubDate>Wed, 21 Mar 2012 21:16:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24278#comment-2948813</guid>
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		<content:encoded><![CDATA[<p>[...] <a href="http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/" rel="nofollow">http://www.theagitator.com/2012/03/21/guess-hell-go-back-to-selling-crack/</a> Rate this:  Share this:TwitterFacebookEmailRedditLike this:LikeBe the first to like this post. [...]</p>
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