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Cigarettes: United States Constitution and American Medical Association

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Cigarettes: United States Constitution and American Medical Association
Cigarettes Should the production and sale of cigarettes be made illegal? Cigarettes have had a declining reputation ever since they were linked to various forms of cancer, and other debilitating conditions. Cigarettes were not seen as harmful until public awareness was raised about the issue. Now, there are many advocates for cigarettes and many against them, but does the government have the right to make decisions for the public? Sadly, in the democracy we live in today, there is not much democracy at all. If the government wanted cigarettes to be banned, cigarettes would be banned. The government follows its own agenda, regardless of the general public opinion. The government will always find a way to put a façade over the law and argue that no rights are being violated. According to the United States Constitution, under the authority of Article 1, Section 8, Clause 3, better known as the commerce clause, it reads, “The congress shall have power … To regulate commerce with foreign nations, and among the several states, and with the Indian tribes…”. This states that the federal government has the authority to govern and regulate any commerce within the states. Article one also states, “The congress shall have power… provide for the common defense and general welfare of the United States…”. So if the government decided to ban cigarettes they could use this Article to argue that they are looking out for the best of the public. It is under this law that the government is able to place bans on uncontrolled substances as well. So, if the Supreme Court holds power to ban an uncontrolled substance, like marijuana, but not cigarettes, it would be inconsistent. If it has the power to ban one, it has the power to ban both, under United States law. Both marijuana and cigarettes are considered parts of commerce amongst the states, so the federal government is able to place bans where they find applicable on both. How constitutional this is is infinitely arguable, and all


Cited: Barendregt, JJ, L. Bonneux, and PJ Van Der Mas. "Cardiovascular Risk of Smoking and Benefits of Smoking Cessation." New England Journal of Medicine (1996): n. pag. 2001. Web. 29 Nov. 2012. Manning. "The Taxes of Sin; Do Smokers and Drinkers Pay Their Way?" Journal of the American Medical Association (1989): 261-62. 2000. Web. Nov. 2012. North Carolina Department of Agriculture & Consumer Sources. "Field Crops - Tobacco." NC Tobacco GAP Guideline Document. N.p., 2012. Web. 29 Nov. 2012. <http://www.ncagr.gov/markets/commodit/horticul/tobacco/>. Sullum, Jacob. Chapter 7. For Your Own Good: The Anti-smoking Crusade and the Tyranny of Public Health. New York: Free, 1998. 130-31. Print. United States. Department of Treasury. Alcohol and Tobacco Tax Trade Bureaeu, FY 2013, Presidents Budget Submission. N.p.: n.p., n.d. 2012. Web. 28 Nov. 2012.
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