Do you believe in a constitutional right to sell food with trans fat? (user search)
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  Do you believe in a constitutional right to sell food with trans fat? (search mode)
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Question: Do you believe in a constitutional right to sell food with trans fat?
#1
Yes
 
#2
No
 
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Partisan results

Total Voters: 54

Author Topic: Do you believe in a constitutional right to sell food with trans fat?  (Read 3210 times)
Mad Deadly Worldwide Communist Gangster Computer God
Just Passion Through
Atlas Legend
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Posts: 45,322
Norway


Political Matrix
E: -6.32, S: -7.48

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« on: November 12, 2013, 11:30:44 PM »

Well, of course not.

However, that doesn't necessarily mean that Congress has the authority to ban the sale of foods containing trans-fat. 

If they can ban marijuana, why not trans fat?
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Mad Deadly Worldwide Communist Gangster Computer God
Just Passion Through
Atlas Legend
*****
Posts: 45,322
Norway


Political Matrix
E: -6.32, S: -7.48

P P P

« Reply #1 on: November 13, 2013, 02:19:05 PM »

Well, of course not.

However, that doesn't necessarily mean that Congress has the authority to ban the sale of foods containing trans-fat. 

If they can ban marijuana, why not trans fat?

Who says Congress has the constitutional power to ban marijuana?

Congress certainly has the power to regulate the sales of substances under the commerce clause, and it has the power to apply a Pigouvian tax to items deemed harmful.  It could even use those powers in a manner to effectively make it a ban, say by taxing artificial trans fat at a rate of $1/gram, or requiring all foods containing artificial trans fat to be labelled as "UNFIT FOR HUMAN CONSUMPTION".  But an actual ban type ban, that I don't see falling within the scope of the enumerated powers of Congress.

Gonzales v. Raich, no?  I don't see why Congress couldn't easily ban the production and sale of trans fats the same way it banned the production and use of marijuana.  No tax necessary.
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