Blue laws are unconstitutional because they are based on religion, but when the the U.S. Supreme Court had tried a case about them, it was also, very religious, and the judges are appointed by presidents, and the political party of the president, and time has proven them to toe the line, so, that's why the Supreme Court dodges trying some cases, and has avoided landmark cases for decades... anyway, the Supreme Court ruled blue laws constitutional by citing that blue laws secure a day of rest for certain workers and guarantee the free exercise of religion. That's clearly a violation of "Freedom of religion" because freedom "of" religion, is freedom "from" religion.
Anyway, there are currently 28 states with blue laws, and counties occasionally have their own blue laws.
In nearly every example of car dealerships being the focus of one of these laws, it's so people would have nothing to do on Sunday, but go to Christian/Cathlolic churches.
According to https://worldpopulationreview.com/state-rankings/blue-laws-by-state whose research may or may not be accurate or up to date. So, if you know that any of these are wrong, let me know, I'll correct that.
In Colorado, car dealerships can't sell you a car on Sunday.
In Indiana, car dealerships are closed on Sundays.
In Maryland, except in Howard, Montgomery, and Prince George's counties, a new or used car dealer may not sell, barter, deliver, give away, show, or offer for sale a motor vehicle or certificate of title for a motor vehicle on Sunday.
In Michigan, it is prohibited to buy, sell, or participate in the trade of motor vehicles on Sunday.
In Minnesota, car dealerships are not allowed to be open or do business on Sundays anywhere in the state.
In Oklahoma, car dealerships are closed on Sunday.
In Pennsylvania, car dealerships are closed on Sunday.
In Texas, car dealerships must close on either Saturday or Sunday and have the option to determine which day.
That's because the Jewish religion (if I understand correctly) won't allow the Jewish to work on Saturday, so, they can't operate a dealership on one day, and the Catholic/Christians can't work on Sunday, (is my understanding) so Texas allowed the dealerships one day to close of their choice.
Texas repealed most of its blue laws in 1985. Two are still in effect. One prohibits the retail sale of hard liquor on Sunday, though people can buy beer and wine after 12 o’clock. The other forbids car sales at dealerships on both weekend days. Dealerships can be open Saturday or Sunday, but not both.
https://en.wikipedia.org/wiki/Blue_laws_in_the_United_States
Also, here's how stupid these religious laws are, in Pennsylvania hunting is prohibited on Sundays, except for foxes, crows, or coyotes. So, like most religious upper management, they've allowed themselves an out for anything they want to do that is against the rules (rule, no hunting, except stuff they want to hunt)
I live in Texas and always thought the Blue Laws made the place kind of unique, not a copy of other states. We still have a few dry counties, and some semi dry. Again it makes each city sort of unique. I like that.
ReplyDeleteWith all due respect, sharp exception to your basic premise must be taken. Apart from the wisdom of the Blue Laws, they are not unconstitutional at all, in fact they are Constitutionally protected. Article 1, Section 8 of the Constitution lists what are known as the 18 “enumerated powers” of Congress. The framers had experienced enough of government sticking it’s very ample nose into every nook and cranny of daily life and were determined to limit such abuse. Thus, they enumerated the things federal government could do. By law that meant the feds could do nothing else. Furthermore, the 9th Amendment provides that the federal government doesn't own the rights that are not listed in the Constitution, but instead, they belong to citizens. And as if that were not enough, the 10th Amendment makes it clear that if a right is not assigned to the federal government by the Constitution, nor prohibited by it to the states, the prerogative belongs to the states.
ReplyDeleteThe real strength of a state to legitimately Blue Law auto dealers though lies in the Declaration. (Keep in mind the Declaration is our charter, not the Constitution. Consequently, the Declaration trumps the Constitution.) Consider this excerpt from the Declaration...“We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.” Holy cow! Three times Jeff alludes to “independent states.” Great Britain affirmed this at the end of the war, recognizing the 13 sovereign states in the Treaty of Paris and naming them each individually.
Which brings me to the point. You or anyone else who cares to inquire will be looking a very, very long time through the text of the Constitution for any reference to a federal right to regulate the hours of a car dealer in Green Bay, Wisconsin. And absent such reference the Supreme Court of the United States has no justifiable reason to address the issue.
I agree with you 100% the Blue Laws at issue are absurd. However, our mutual agreement on that point has no bearing on their legitimacy.
Illinois has had blue laws for selling cars for a number of years but it has nothing to do with religion. There was an attempt to unionize car salesmen in Chicago to oppose dealerships being open on Sundays to sell cars. The dealers organized themselves and got the general assembly to pass a law banning Sunday car sales. The unionization movement fizzled out.
ReplyDeleteDealerships are closed on Sunday in Iowa as well.
ReplyDeleteGood thing, we deserve a day off! This ain't Walmart.
The reason for excepting Foxes, Crows and Coyotes in PA is unlike hunting for meat those three come to the farm attacking crops and livestock. Are birds ie chicken, turkey, goose, livestock? Well you get the picture, it's defending the homefront seven days a week.
ReplyDeleteWow, great insight! Thanks!
Delete53 years in Missouri and the dealerships were closed on Sunday. First do to Blue laws (I grew up in a dry city Webster Groves (suburb of St. Louis). When they repealed the Blue laws they specifically left the dealerships be closed by law.
ReplyDeleteWhen you work 6 days a week a Sunday off is a good thing. The movement from family owned dealerships to corporate owned will change those laws.
As with most things I agree with you except on this. When you work on straight commission a day off is a day you are not making money. So being forced to be closed is good for the worker.
But MrPaul, it is not good for the guy/woman who wants to work seven days a week. Is it not best to leave the hours issue to the agency owner and salesman to work out? The effect of a Blue Law is that government is picking winners and losers. Often it's because the winners would be the losers in an open marketplace, and they count on government intervention to keep their advantage. Furthermore, there's always a way around the law. Case in point. There was a dealer on Western Ave years ago in Chicago that had his doors open on Sunday. He invited people in just to say hello. Naturally the conversation turned to cars and often a deal was made just short of contract signatures. Monday the buyer was there signing paperwork and on his way in five minutes with a new car.
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