Comment: You are arguing a Constitutional point, which might very well be

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In reply to comment: Not so (see in situ)

You are arguing a Constitutional point, which might very well be

valid. It is entirely possible that the government has no fundamental right to license people for nonoccupational reasons. Just like a variable tax on income is unconstitutional - I have no doubt that it is.

I am referring to the way that it is customarily applied and historically applied - not arguing whether or not it has always been Constitutionally wrong.