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Current Events vs. Founding Documents

This column presents facts regarding the United States Constitution, the Declaration of Independence, Thomas Paine's book Common Sense, the Wisconsin State Constitution, and various other documents in reference to modern topics. Mark hopes to encourage interest in those works so that others can consider whether our government is practicing within its constitutional limits. In the last category, he may indicate his opinion. Mark is a resident of New Berlin and a member of Wisconsin GrandSons of Liberty. Visitors are encouraged to visit the following sites for more information on the United States Constitution and Thomas Jefferson's views on politics and government.

 

Sin Tax on Soda

constitution, executive power

Entry 4 

Current Event

President Obama recently commented in Men’s Health Magazine he thinks a “sin tax” on soda is an “idea that we should be exploring”.  

VS

Does any federal agency have the power to regulate eating behavior through tax policy?

Founding Document

The Constitution, Tenth Amendment:  

 

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

An excerpt from the Declaration of Independence

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

 

Closing Comments:

The answer is obvious. No, neither Obama nor Congress has such powers, but they will take them, our liberty, and our money in the name of protecting us if we do not actively oppose their attempts to do so. We must not wait for them to further implement the “long train of abuses and usurpations”. Indeed we must recruit our neighbors who have not yet awaked from their apathy to call their elected officials today and tomorrow.

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  1. The Borg: Nowhere in the constitution does it authorize the federal government that control; and if it is not granted therein, it is deferred to the states and the people per the tenth amendment. Giving people your money is irrelevant to authorizing government to control your neighbor; but power-hungry officials want us to believe otherwise. That is a false trap. Government can only derive that power through an amendment.
  2. Mark, this argument really has nothing to do with the constitution. If goverment tax dollars are paying for the consequences of unhealthy food products, then they should have the right to tax, or surcharge said products. There is zero argument that food products like sugar laced soda lead to chronic and life long health problems. (Obesity, diabetes, etc...) I recently read a stat that the average teenager today, consumes as much sugar in one day, as an average teen 150 years ago did in a year. People in this country are getting fatter and unhealthier by the day. Obesity and the side affects of it kill more people than almost every other disease combined, yet we continue to allow it to go uncontrolled. I for one am tired of my tax dollars going to medicare and other programs that pay billions of dollars to repair grotesquely overweight bodies that have been ravaged by poor diet and lazy lifestyle.

    Not only do I think the tax is a good idea, but I would go one step further. We should allow insurance companies to charge different rates for different levels of obesity. Its unfair that someone that keeps their body in decent condition pays the same rate as someone that is 100 lbs overweight and never exercises.

    And for what it's worth, before you call me a flaming liberal, I'm totally against Obama care. I believe that less goverment regualtoin of the healthcare industry and insurance would reduce costs and lead to better standards. But we do need to recoup the costs associated with bad behavior.
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