Congress recently held a month of hearings on the exposure of children to second-hand smoke. They found as follows: 

1. Children exposed to second-hand smoke face an increased risk of a wide variety of health problems adults, including heart disease, lung disease and cancer. 

2. These increased health risks can pose a potential $2 billion in costs in the next decade, due to increased health care expenditures and lost work time. 

3. Second-hand smoke-related health problems will also cause a decrease in worker productivity, which imposes an additional $500 million burden on our national economy. 

4. Children exposed to second-hand smoke will require additional health care, which will result in additional costs to individuals, health care providers, insurers, and the federal and state    governments. 

5. Tobacco is grown in a number of states, but the vast majority (over 80%) of the tobacco farmed in the U.S. is grown in North Carolina and Kentucky. 

Before commercial sale in cigarette form, that tobacco must move in interstate commerce. After these hearings and findings, Congress passed the Keep Our Kids Healthy Act of 2013. The Act makes it a federal offense punishable by a fine up to $2,000, to smoke any tobacco product in or near a "Child-Friendly Community." Child-Friendly communities are defined to include schools, day care facilities, children's hospitals, and orphanages.

 

Someone recently was arrested and indicted for violating the Act. She was caught smoking a cigarette on the school playground of her son's elementary school, while waiting to pick him up. Carla wants to challenge the Act.

How can I explain the basics of the federal commerce power, key case law and principles, and the key tests involved in a challenge of the Act.

What would be the assessment of the likelihood that a challenge to the Act would succeed.

What would be candid legal advice.

Answer rating: 100% (QA)

The basics of the federal commerce power stem from the Commerce Clause of the United States Constitution found in Article I Section 8 Clause 3 This clause grants Congress the power to regulate commerc... View the full answer