Fifth Amendment compels government (and lobbyists who profit from rent seeking legislation, smoking bans) to compensate losses to individuals affected
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.Smoking bans, enacted "for the public good", resulted in numerous takings (property losses) as evidenced here:
http://cleanairquality.blogspot.com/2007/01/100-bars-and-restaurants-put-out-of.html
http://cleanairquality.blogspot.com/2006/12/eviction-hearing-courtesy-of.html
http://cleanairquality.blogspot.com/2009/03/worldwide-economic-meltdown-and.html
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