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FOX News senior judicial analyst Judge Andrew Napolitano on the slippery slope between government regulations, health and commerce.
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-- the L-1 and only big news today meantime here speaking of New York the mayor Mike Bloomberg making headlines calling for a ban.
On sugary soft drinks that are over sixteen ounces -- all Citi.
Now the mayor's he's built up this kind of thing for a while we've seen it before and other areas for example -- to.
York city banned indoor smoking in all bars and restaurants.
-- it was too that's at six New York the first US city to ban artificial trans fats from its restaurants and 09 banned all bake sales in the schools and 2010 required health inspection grades and restaurant windows all those kind of things been going on an earlier this year there was a ban on food donations to homeless shelters because they could assess.
The nutritional value so this is kind of just the latest move in this.
I mean our in this regard -- The question is can and the mayor really do something like this band big soft drinks and of course our expert has to be the judge Fox News senior judicial analyst judge -- -- polyps analog and advertising that -- worked up and I know you are.
-- -- -- a very very good point just with the way you introduced this really you can see it's a slippery slope you can see how.
Regulations build upon regulations when the government gets away with some regulations that doesn't satisfy and wants to regulate more and regulate -- regulate.
More that is the -- that the argument.
But none of those things that we can run through them again -- people -- -- says smoking for example the net job effective that.
What people would argue and I think I do want to miss them positive it's more pleasant for example to go to a restaurant now but has read and -- the net effect of this might be.
Positive in that it might fight the obesity epidemic which we all agree exist so you say why not -- and what's wrong with doing something like.
-- -- and this is a major commercial activity the sale of of soft drinks camp in the city of New Yorkers not authorised under the constitution interfere with us commerce.
In a perfectly lawful product the commerce clause of the constitution.
The same one that is at issue in the affordable health care act mandates that only the congress can regulate commerce congress could decide.
That sugar is bad for you and therefore can't cross over interstate lines.
But that mayor of the city of New York -- Get -- it's not even the City Council it's bureaucrats in the city government.
Making choices forests and telling us what -- -- arbitrarily say sixteen ounces as good seventeen ounces -- bad.
What are they local that's so what is that kind of interest in a legal argument -- -- fired up today about yet don't tell me -- to drink but what's the legal.
What what's the difference here between the local the federal authorities what can they do locally congress can ban and I am an interstate commerce -- for example lottery ticket certainly can't call for in his state lines once congress gets a look.
Federal government -- license where.
Congress can be and then regulate items in commerce because it has an authority under the constitution.
Because it has -- authority no one else has the authority are so if the product is otherwise lawful the city cannot ban it without impacting.
The commercial activity therefore here's what will happen.
The sellers of this product will go to a federal court.
And get this regulation and joined before it even cut let's go to France eventually with the -- the mayor of try to do this and they'll be a lot of back and forth on -- a Taco Bell or somebody McDonald's or what even one of the local.
Bordick is somebody also and -- -- when we'll sue and they will wind up -- -- Smart guy.
And he knows this more -- picture.
Who -- try to make the point is -- who is the government to make decisions for four adults and is obesity.
His biggest problem.
How about crime how about potholes how about the food and homeless shelters are disappointing it seems to be you're saying -- assault political -- and in I don't know where you're getting this from but thank you very much more important -- Politically something I don't know how it's a quarter told the -- -- -- --
