Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Tolerance Sucks Rocks; All
The federal government wants to ban sales of electronic cigarettes to minors ...

Regardless what Constitution-ignoring socialist FDR's activist justices wanted everybody to think about the scope of Congress's Commerce Clause powers, and with the exception of federal entities under the exclusive legislative control of Congress evidenced by the Constitution's Clause 17 of Section 8 of Article I, the states have never delegated to the feds, via the Constitution, the specific power to regulate intrastate commerce. This is evidenced by the following excerpt.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. (emphases added)” —Gibbons v. Ogden, 1824.

So the idea of the federal government wanting to ban sales of electronic cigarettes to minors, while arguably a good thing, is nontheless outside the scope of Congress's Commerce Clause powers imo. The states need to legislate such bans under their 10th Amendment-protected powers until they choose to amend the Constitution with such a prohibition.

14 posted on 04/24/2014 12:39:08 PM PDT by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Amendment10
AMEN!

Unfortunately, many freepers don't care about constitutionality, if their ox isn't gored.

/johnny

15 posted on 04/24/2014 12:40:30 PM PDT by JRandomFreeper (Gone Galt)
[ Post Reply | Private Reply | To 14 | View Replies ]

To: Amendment10
So the idea of the federal government wanting to ban sales of electronic cigarettes to minors, while arguably a good thing, is nontheless outside the scope of Congress's Commerce Clause powers imo.

And so long as the majority (or at least majority party) consider it a "good thing" they are willing to overlook the Constitution. It's so sad.

Not only is it sad that the public supports it, but it's even more disheartening that we have a judicial branch that's also willing to support and facilitate it time and time again.
18 posted on 04/24/2014 12:49:19 PM PDT by mmichaels1970
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson