Anonymous
Anonymous asked in Politics & GovernmentGovernment · 1 decade ago

Senate Passes Bill to Let FDA Regulate Tobacco?

Landmark legislation approved by the Senate yesterday will give the federal government sweeping new powers to oversee tobacco products, allowing regulators to control factors including the amount of addictive nicotine in a cigarette and how that cigarette is packaged and marketed.

http://www.washingtonpost.com/wp-dyn/content/artic...

How do you feel about this?

9 Answers

Relevance
  • Anonymous
    1 decade ago
    Best Answer

    It really is no big deal... Seriously.

    Congress has the legal and constitutional right to regulate interstate commerce (Article 1/Section 8 of the Constitution). That Congress has chosen not to exercise its powers in this area is due to the excessive power of the Tobacco Farmers and the Cigarette Manufacturers over the years.

    The reasons for this action now is that these lobbies have been greatly diminished in power. The meat industry is regulated. The pharmaceutical industry is regulated. Why shouldn't tobacco be regulated?

    If you think about it (and I'm seriously asking you to do just that), what makes tobacco so special that it should be above the Congress' right to regulate?

    Source(s):

    EDIT FOR "Open4one"...

    Are you seriously saying that Congress doesn't have the right to regulate tobacco under its Commerce Power? Because if you are, you are grievously in error. The power to regulate interstate commerce is virtually without limit where commerce in a potentially dangerous substance is at question. This is what gives Congress the right to regulate EVERY aspect of the drug business. And there is no question but that nicotine is a drug. I repeat -- where a dangerous drug is involved, Congress has the right to regulate EVERY aspect of it. The case law on this has been settled for more than 40 years.

    You have zero Idea what your talking about. The Congress does not have the right to regulate choice, period.

    Let's take a look at the Constitution:

    Section 8. The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and Post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dockyards, and other needful Buildings;--And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

    This means that Congress, ensures that the Welfare of the United States is upheld. Meaning, they are supposed to regulate trade, legal, foreign policy and everything entailing the Welfare of the U.S. They are not responsible for regulation of "Free Market Enterprises"

    When will you flaming liberals learn to do your homework first? I also noticed that your a Brit, why are you posting about American law? What, you screwed up you own country enough you figure that it's time to screw up ours?

    This Nation fought the tyrannical British Empire in the Revolutionary war over taxation without representation, now today our Government thinks that they can regulate how I wipe my own a**.

    Wake up America your being sold a lie by the Progressive American Socialist Movement.

    Source(s): The Untied States Constitution, and the framers who laid pen to it.
  • Jack
    Lv 7
    1 decade ago

    It really is no big deal... Seriously.

    Congress has the legal and constitutional right to regulate interstate commerce (Article 1/Section 8 of the Constitution). That Congress has chosen not to exercise its powers in this area is due to the excessive power of the Tobacco Farmers and the Cigarette Manufacturers over the years.

    The reasons for this action now is that these lobbies have been greatly diminished in power. The meat industry is regulated. The pharmaceutical industry is regulated. Why shouldn't tobacco be regulated?

    If you think about it (and I'm seriously asking you to do just that), what makes tobacco so special that it should be above the Congress' right to regulate?

    Source(s): EDIT FOR "Open4one"... Are you seriously saying that Congress doesn't have the right to regulate tobacco under its Commerce Power? Because if you are, you are grievously in error. The power to regulate interstate commerce is virtually without limit where commerce in a potentially dangerous substance is at question. This is what gives Congress the right to regulate EVERY aspect of the drug business. And there is no question but that nicotine is a drug. I repeat -- where a dangerous drug is involved, Congress has the right to regulate EVERY aspect of it. The case law on this has been settled for more than 40 years.
  • 1 decade ago

    I'm entirely OPPOSED to the bill as it exists !! For ONE reason, the FDA couldn't seem to keep us safe from eColi, Lead, or other crud in the materials they have been TASKED to keep us safe from !!

    SECOND, this is the Nanny-State at it's finest !! Ban flavored cigarettes because they MIGHT appeal to children... but the law ALSO includes cigars, snuff and pipe tobacco !! SO, I'm going to no longer be able to smoke North-Sea Tobacco in my pipe because it has Cherry and Rum ??

    Now I don't MIND the FDA requiring content labeling... though of course the Anti-Smoking folks have been spending billions in PSA's to tell everyone for decades. I don't even mind the larger warning labels.

    BUT I'm getting tired of tobacco users being treated a second-class citizens AND a easy-tax-source. I already pay over $2 per pack in taxes.

    How about we increase the taxes on the Merlot the liberals sip ??

  • 1 decade ago

    Article 1/Section 8 of the Constitution does not give the right to make decisions about how a product is used or marketed, or how it shall be made. The constitution does not grant the government free reign over private business far from it.

  • How do you think about the answers? You can sign in to vote the answer.
  • Anonymous
    1 decade ago

    When will the FDA regulate alcohol? Look at all the traffic accidents and deaths each year. I have always thought because we have so many Senators that are drunks they will never pass such a bill!

  • 1 decade ago

    First, I am not a smoker so these taxes do not directly affect me but I am amazed at what is happening in the U.S. First the banks, now the auto industry. The Government is going to tell companies how much they can pay their CEO's. Our medical care is on the block and very soon, the Government will control nearly every facet of our lives if left unchecked. God help the USA..........

  • 1 decade ago

    Congress must have that power before they can delegate it, and I don't see it in the Constitution.

    ** Jack, Article I, Section 8's "commerce clause" doesn't grant them authority to regulate and control every single product that crosses state lines. That interpretation basically neutralizes the entire purpose of the Constitution, and makes the federal government wholly without limitation.

  • 1 decade ago

    We've allowed the government to go too far. There are too many non-smokers who would gladly see the entire tobacco industry eliminated or taxed into oblivion.

    What they're too stupid to see is that the government will come for them next. You don't need Coke or Pepsi. You don't need your coffee (all that caffeine is bad for you!). You don't need potato chips and cakes. You don't need to be rock climbing, scuba diving, skiing, snowboarding, etc. Those things cost America millions in health care costs every year.

    They will come for you next. WAKE UP PEOPLE!!!!

    .

  • Anonymous
    1 decade ago

    Lugnut agrees with BillDict . they won't stop with tobacco.. where do people think the money for Universal Healthcare will come from ? answer.. tax anything deemed by the clowns in Congress to be bad for you.. thanks Big Brother , but F---K Off!

Still have questions? Get your answers by asking now.