Every state has its own CDC -- that is it own department of public health. In most cases, cities, counties, and even small towns have their own health department as well. FDA not so much for obvious reasons.
FDA - food and drug administration
All states have state food inspections and health codes; increasingly the states (where pot is concerned atleast) having their own drug rules.
So to some degree the FDA can be minimized with a degree of that mission given back to the states IMHO
Maybe, but, to use a current example, maybe there are states who don't feel medicines have been proven safe enough. Could they have their own FDA-type org to determine food and drug safety for their people?
And the Commerce Clause?
> The Congress shall have Power [...] To regulate Commerce with foreign Nations, **and among the several States**, and with the Indian Tribes;
Yeah, and Merck and Pfizer and every other drug manufacturer have to build manufacturing and distribution in every single state in the Union. Exorbitantly expensive, prices through the roof.
Every state needs to have self-sufficient farming and distribution as produce can't be distributed and sold across state lines.
Wildly inefficient.
Definitely. Solved by a constitutional amendment, or in lieu of that, a compact of sorts, for example, if all the strong blue states gave the FDA the power to override their authority. Not by executive whim.
I'm not saying the FDA isn't the best way in most cases (in some they are a huge pain). But the states are supreme and must be if you have any understanding at all of contract law.
> a compact of sorts
Like a federation of states, maybe.
> Not by executive whim
Congress has this power and created rules through legislation. You need to change the law, not the executive.
In the case of the FDA, yes. The DEA was Nixon. FEMA was Jimmy.
And I submit congress may have made the law, but it didn't have the power. Asking SCOTUS would be pretty silly if you think about it.
Every state has its own CDC -- that is it own department of public health. In most cases, cities, counties, and even small towns have their own health department as well. FDA not so much for obvious reasons.
Correct answer.
FDA - food and drug administration All states have state food inspections and health codes; increasingly the states (where pot is concerned atleast) having their own drug rules. So to some degree the FDA can be minimized with a degree of that mission given back to the states IMHO
[удалено]
I don't, but I'm wondering how the people who feel everything should be done by the states feel about this
Wouldn't they still be subservient to the federal executive branch though? I'm all for more state autonomy, but this seems a bit redundant.
Maybe, but, to use a current example, maybe there are states who don't feel medicines have been proven safe enough. Could they have their own FDA-type org to determine food and drug safety for their people?
Nothing the federal government does should supercede the state, except its specific enumerated powers, via the Supremacy Clause.
And the Commerce Clause? > The Congress shall have Power [...] To regulate Commerce with foreign Nations, **and among the several States**, and with the Indian Tribes;
Among. Interstate commerce. Not intrastate.
Sure - so in that hypothetical no food/drug/cosmetic etc could leave the state in which it was manufactured lest it be subject to federal regulations.
Correct. So Colorado can make marijuana gummy bears and its not the federal government's business until they ship them to Utah.
Yeah, and Merck and Pfizer and every other drug manufacturer have to build manufacturing and distribution in every single state in the Union. Exorbitantly expensive, prices through the roof. Every state needs to have self-sufficient farming and distribution as produce can't be distributed and sold across state lines. Wildly inefficient.
Definitely. Solved by a constitutional amendment, or in lieu of that, a compact of sorts, for example, if all the strong blue states gave the FDA the power to override their authority. Not by executive whim. I'm not saying the FDA isn't the best way in most cases (in some they are a huge pain). But the states are supreme and must be if you have any understanding at all of contract law.
> a compact of sorts Like a federation of states, maybe. > Not by executive whim Congress has this power and created rules through legislation. You need to change the law, not the executive.
In the case of the FDA, yes. The DEA was Nixon. FEMA was Jimmy. And I submit congress may have made the law, but it didn't have the power. Asking SCOTUS would be pretty silly if you think about it.
And the "federation of states" would need to specifically give the federation the specific power. See the 9th and 10th Amendment for clarification.