Scott Tibbs
Joe Biden, menthol cigarettes and the rule of law
By Scott Tibbs, January 24, 2024
Note: This is an open letter to Congresswoman Erin Houchin, Senator Todd Young and Senator Mike Braun.
Congresswoman and Senators,
I was deeply disturbed by a report
in the Washington Post that the Biden Administration is considering a regulatory ban on menthol cigarettes. What bothered me more was that the decision was a battle between political and policy considerations, with no thought whatsoever to the legality or the decision.
To put it bluntly, banning menthol cigarettes would be an attack on the rule of law. The federal government has no authority under the Tenth Amendment of the Constitution to ban a product that has been perfectly legal for nearly 100 years. If it required a constitutional amendment to ban alcohol, then it would require a constitutional amendment to ban menthol cigarettes.
Even if we ignored constitutional considerations (which we should not do) the executive branch does not have the authority to ban a product by itself through a regulatory agency. Laws are supposed to be written by the legislative branch, not the executive branch. I realize that Congress has become the vestigial organ of American government, but you should not cede your authority to a President who thinks he has the unilateral authority to make laws without the legislative branch.
In a time when more people than ever realize the harm done by the War on Drugs, do we really want to expand the war to menthol cigarettes? Do we want to further empower organized crime, and give hyper-violent Mexican drug cartels another area of expansion and profit? Do we want people arrested and violently taken down on the streets for selling illegal menthol cigarettes, as Eric Garner was when he was selling loose cigarettes without government approval in 2014?
I would love it if every single person who smokes tobacco in any form would voluntarily stop. It is a terrible habit that has caused much suffering. But Congress should not allow the President to ignore the rule of law and exceed his authority. Congress should not allow wanton violations of constitutional limits on federal power. Please do everything you can to stop this illegal act, including de-funding the Food and Drug Administration's enforcement of this illegal usurpation of legislative authority and impeachment of rebellious officials in the Executive Branch.
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