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Old 01-20-2007, 01:52 PM
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Location: Scottsdale, Arizona
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Quote:
Originally Posted by Botnst View Post
Two questions here

1. Does preventing membership in a professional organization constitute unreasonable infringement of a constitutional right?

2. Does a professional organization have no right to enforce basic standards?

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If the answer to both is "yes" then I want to be granted P.E. status and further, my belief that E = 3/4 mv^2 should not interfere with my P.E..

Bot
First, the Constitution's guarantee of fundamental rights applies to restrict "government action" as opposed to private action. Government action can either be federal, state or local governments. If a profession requires a government license, such as the practice of law, contractors, and the like, then any government limitation would be subject to "strict scrutiny."

Second, "professional organizations" do not fall into the category of licensing by the government, but merely private groups. They are not required to meet the constitutional requirements of due process or establishing that their screening/prejudicial action is being done by the least intrusive means to further a substantial state interest.
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