Buzz, again we are talking about two different things. You are obviously correct about the currrent state of law, but I am diuscussing what OUGHT to be the current state of law - clearly (and sadly) two different things!
BTW, about this...
No, the Supreme Court has repeatedly struck down restrictive covenants that (it says) violate [the Constitution's] provisions. The Constitution doesn't strike down anything - it just sits there. It can't defend itself.
It depends on us to do that.
BTW, about this...
The Constitution has repeatedly struck down restrictive covenants that violate its provisions
No, the Supreme Court has repeatedly struck down restrictive covenants that (it says) violate [the Constitution's] provisions. The Constitution doesn't strike down anything - it just sits there. It can't defend itself.
It depends on us to do that.