Posted on 07/30/2013 12:18:49 PM PDT by LurkedLongEnough
An appeals court ruled Tuesday that the city's Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.
In a unanimous opinion, the four-judge panel of the state Supreme Court Appellate Division said that the health board was acting too much like a legislature when it created the limit, which would have stopped sales of non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces (473 milliliters).
Bloomberg "confident" soda ban will be upheld
(Excerpt) Read more at cbsnews.com ...
Bloomy must of thought that they were going to give the usual “Rich Person’s Freeby”.
Bloomy, take a big gulp.
I have been unable to understand how any government agency could regulate the size of a drink cup. The whole idea is idiotic.
I can’t begin to describe the disappointment I’ve had with some friends about this. Their argument is always the same...”You have to admit, people ARE drinking too much soda”. That simply has nothing to do with anything. Some people just don’t and never will get it.
I think this is just hilarious! Bloom thinks he can control people’s diets, which is pretty much outside of anything a normal city government does. Maybe now they can get back to cleaning the streets, parking problems and such.
Note that the first numbered clauses that the Founding States put into the federal Constitution, Sections 1-3 of Article I, clarify that all legislative powers of the federal government are vested in the elected members of Congress. This means that Congress has a constitutional monopoly on federal legislative power whether it wants it or not. So there's many so-called "independent federal regulatory agencies," such as EPA, that shouldn't exist imo.
I don't know about NY's constitution, but some states incorporated similar language into their constitutions concerning who has the state's legislative powers. Based on the judge's remark about big soda ban, NYC probably has similar codes.
Just like light bulbs and toilets
Just what are you advocating, anarchy!?!?
/s
They should now sue NYC for damages.
There are a lot of things "people" do that I don't like, doesn't mean I want to legislate it away.
Better put the Bloomer on suicide watch .... egomaniacs do not take adversity well.
Interesting. So are you implying that the XA in federal law could override a state’s constitutional law if the state has a constitution that cedes legislative power to the federal government? FReepmail me if you like, topic is off the thread.
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