here is the reply from my brother who works for a business law firm, as an attorney, in wash. d.c.:<FONT size=2>


excellent point, but from a bygone age. historically, the "contracts clause," as it commonly is known, was relied upon by American courts to invalidate legislation that interfered with a person's "right to contract," e.g., homeowners used to be allowed to contract with each other to exclude people different from themselves: blacks, the Irish, gays, etc... Hale v. Henkel follows this line of authority. However, in or about the 1920-1930's period this abolutist interpretation of the "contracts clause" lost favor, as courts instead began to rely upon the "commerce clause" (Congress shall have the power to regulate commerce...etc...) to uphold wide-ranging legislation that previously would have been verboten. the expansive reading of the commerce clause continues to this day (although there have been some minor limits placed on it recently by the Supreme Court). Historically, if you care, the prime impetus for the expansive reading of the commerce clause was the exigence of the Great Depression. In any event, the point is that modern courts will not invalidate legislation simply because it runs afoul of the "contracts clause" Now, as to your question regarding where the State of Maryland gets its authority to enact legislation, you would have to look to the Maryland constitution (which I have not read recently). Beyond this, the other limit on Maryland's power to legislate is that Maryland cannot pass a law that violates the US Constitution, e.g., Maryland cannot infringe on the freedom of speech as defined by the First Amendment.&


As a final point, I also would point out that all legislation is enacted pursuant to a particular constitution (state or federal as the case may be), so it is a bit misleading to say that a person can choose to live under either a "statutory" or "constitutional" scheme. they both stem from the same source. although, of course, the government cannot pass a law that violates the constitution.


I hope this is helpful. You may have an argument that this licensing regime violates the MD Constitution, but again this would depend on the content of the MD Constitution. Off the top of my head, I would have thought that Maryland Constitution granted the state the authority to legislate on such issues.


anyone have any commentary on the above?


jon</FONT>