What could that agency do with a “compelling governmental interest” over your health? Perhaps they could, through HHS, regulate the food industry to make it impossible to produce food that was not “approved” under the standards, making it impossible to buy anything that is not approved by HHS. Of course, the FDA is never going to give up this prime opportunity to expand its regulatory power. Having HHS deem “unregulated” food “unlawful” to sell or distribute will give the FDA all the encouragement they need to issue regulations that will prohibit the sale OR CONSUMPTION of ALL food that is not properly regulated by the FDA. After all, we already violently regulate raw milk and cheese. This could mean that your farmer’s market, your road side fruit stands, and even your backyard garden will be made “unlawful” unless it is regulated by the FDA. That is also not beyond comprehension due to the passing of the Food And Safety Modernization Act on January 4, 2011. The FDA describes this Act as follows:
The FDA Food Safety Modernization Act (FSMA), the most sweeping reform of our food safety laws in more than 70 years, was signed into law by President Obama on January 4, 2011. It aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it. (emphasis mine)
This act does not just control major food distributors and manufacturers, but also has a section that gives the FDA control over “very small farms” and “roadside markets”.
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How does this administration view the coal and oil industry? With a “compelling governmental interest” in your health, one government study by the CDC that declares there is a significant increase in the development of cancer or other diseases among workers in these industries could give the government the authority to regulate them out of business. Isn’t the EPA already doing that to private businesses?
What if you live in a rural area and have to travel an hour to get to the nearest hospital? Do you consider it outside the regulatory power of the government to tell you that living so far from a hospital negatively impacts their ability to render proper and affordable healthcare, so you must move closer? Perhaps they could create zoning regulations that prohibit the construction of any residential area beyond a certain radius of a properly regulated hospital. What if the government then creates a regulation that forces all hospitals, both public and private, to comply with all government regulations, even when they conflict with the interests of the private hospitals, forcing the shutdown of all privately owned hospitals? Oops.
The ACA expanded the precedent that the federal government has the power to enforce any law, anytime, anywhere. And as the Supreme Court continues to follow precedent rather than the Constitution, it will have no other choice but to authorize the further elimination of your Liberty. Here is what Jefferson said about this slow creep:
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It has long however been my opinion, and I have never shrunk from it’s expression, that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little to-day & a little tomorrow, and advancing it’s noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the states, & the government of all be consolidated into one.
So, are you starting to get the picture?
The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.