That's where i try and define "...promote the general welfare and hence...?"
Should the gov distribute condoms? Off hand I'd say no, but in th face of as epedemic? Should the gov distribute cheese. Again I'd say no. But if nalnutrition is about?
As for the bath houses I've lost a freind that stated "when I came to SF I was so happy I could have sex I lived in those damn bath houses and now I'm gonna die because of it" Before Aids he'd suffered other STD's. He was educated and knew better but didn't do better. I can't call it...Recently I had a friend drink and wild live herself to death. I beleive she lived the life she wanted to. She didn't have to sleep in the streets but the thought of living (well) in judgement in Santa Rosa, was not what she wanted. Cowboy the great rock climber fell to his death and everyone cheered 'he died the way he wanted' and he died legally. Why are other held to be in voilation?
A fair market place should decide the fate of bath houses the sane as it does bungy jumping. But then should there be a market for just plain out suicide? P.T. Barnum would say "Come on in for the greatest show on earth!"