Feds Raise Age Limit for Smoking

Discussion in 'Off-topic Political' started by gunsmoker, Dec 28, 2019.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

    So the other day the federal government, the FDA, made new rules that set a nationwide minimum age of 21 for any tobacco or vaping product.

    I didn't see this as being a power given to Congress, or the Executive Branch, or any other part of the federal government, in our Constitution.

    All powers not given to the feds are in the purview of the several states. If anybody's going to say you have to be 16, or 18, or 21 to use legal tobacco products or vape stuff, it's the states, acting through their own legislatures passing laws. The people's directly-elected representatives. Not some group of bureaucrats, faceless and unaccountable, sitting in their offices in Washington D.C.

    The Supreme Court has gone along with the subversion of the constitution and made a mockery of the separation of powers doctrine, and the concept of federalism. Gonzales v. Raich (2005) was wrongly decided. The Commerce Clause has been abused and exploited as a loophole that renders the rest of the constitution void and without effect.

    At least in RAICH, the issue was whether the feds could entirely ban a certain product and entire class of products (drugs of abuse with little or no benefit to society). Here, with tobacco and vaping products, these items are LEGAL in every state, and very popular among people of all ages. The government isn't banning them, merely regulating them. And doing it without regard to what the States think is best for their people.

    Any federal laws on tobacco that could be justified under the Commerce Clause should be limited to producing it commercially, shipping or transporting it interstate, smuggling it or conspiring to smuggle it across State lines in violation of a state's law, and MAYBE limiting the use of national channels of public communication (radio and TV frequencies) to advertise it.
  2. atlsrt44

    atlsrt44 Well-Known Member

    How does this differ from alcohol?

  3. Smilodon

    Smilodon Active Member

    The minimum age for alcohol is set by the state. The states were encouraged to set the minimum age to purchase to 21 by reducing the federal highway money to any state that didn't.
    gunsmoker likes this.
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

    And when Congress wanted to ban alcohol nationwide, back in the Prohibition era , they knew that they needed to have a constitutional amendment authorizing them to do that.

    So Congress passed an amendment giving themselves this power, and submitted it to the states for ratification. Enough states agreed to this and ratified it so it became part of the Constitution itself.

    (That would be the right way to do such things.)
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

    I may be wrong about a three-letter agency of the Executive branch of gov't doing this.

    That's what all the news headlines on the Internet said, but I just now read one of them more closely, and it says that on December 20 Congress passed a bipartisan spending bill that included a tobacco sale age limit increase to 21.

    What the FDA did the other day was "implement" this law by notifying all the players in the tobacco distribution network in this country and say that starting right now they expect all retailers to obey this new law.

    If Congress actually past this and voted for it then I'm just slightly less offended than I had been a few hours ago.

    I still say every bill passed by Congress should be limited in scope to one topic, one subject matter. It should be illegal and unconstitutional for them to pass laws encompassing multiple subjects --everybody just throwing some stuff in there to appease certain groups.

    Secondly, I still say it's not any of Congress' business who buys, or uses, tobacco or vape pens. Because, 10th Amendment. All powers not given to Congress in the constitution are reserved for the states, or the people.
  6. diamondback

    diamondback Well-Known Member

    They never should have lowered it for voting.
    StarJack likes this.
  7. moe mensale

    moe mensale Well-Known Member

    And since all 50 states are now 21 minimum age, let's just be truthful and say the feds set the age by using the old "carrot & stick" ploy.
    blind_shake and TimBob like this.
  8. moe mensale

    moe mensale Well-Known Member

    Nor alcohol. The feds' selling point is that "it's for the children." No, it's not. If these products are that bad for children - and for adults also, which they can be - then why don't they just make them illegal for consumption? Because they make big bucks off of taxing them. In other words, greed and a degree of control. The under 21s are going to stop smoking just like they stopped drinking. Which is never.
  9. psrumors

    psrumors Well-Known Member

    What I find funny is my son, his fiance and her family....all liberals.....are talking about this being an over reach and FREEEDOM.....but still no guns, no conservative freedom of speech, no freedom to have a big 4x4 truck that gets bad fuel mileage....etc, etc, etc
    TimBob likes this.
  10. smn

    smn Active Member

    This morning I witnessed a 20-year old denied a tobacco purchase at a local gas station. He instead chose to spend the entire $20 purchase on gas.
  11. blind_shake

    blind_shake Well-Known Member

    I will buy any underaged soldier a beer or cigarette.
  12. OWM

    OWM Well-Known Member

    The night before we flew out of El Toro headed for West Pac (Nam) a bunch of us managed to get our hands on a case of Coors. None of us were over 18 and could not legally have or purchase beer. We had a blind_shake that helped us out. Damn that was good beer that night. We got caught but it never went anywhere.
    blind_shake likes this.