Question
The United States Congress enacted the Beat Childhood Obesity Act (called the Act) which required all distributors and suppliers of food products to schools serving
The United States Congress enacted the "Beat Childhood Obesity Act" (called "the Act") which required all distributors and suppliers of food products to schools serving persons under 18 years of age to meet nutritional requirements set by the Food and Drug Administration (FDA). The Act also required each state to submit data to the FDA verifying the rates of obesity among public school age children. Congress made findings that obesity creates a threat to public health, that its costs impact the U.S. economy, and that any school enrolling more than 25 students affects interstate commerce. President Smith vetoed the Act, stating that Congress lacked power under the Constitution, and she opposed the Act as an intrusion on States' rights. Congress overrode President Smith's veto and the Beat Childhood Obesity Act became the law.
Analyze the following questions:
- SchoolCo, a supplier of food products to schools exclusively within the State of Columbia, filed a lawsuit challenging the Constitutionality of the Act on grounds that Congress lacked power under the Commerce Clause to enact it. What arguments can SchoolCo make and what arguments will the U.S. Government raise in defense of the Act? How should the Supreme Court rule and why?
- The Attorney General of the State of Columbia intervened in the lawsuit to challenge the Act on grounds that Congress violated the State's rights under the 10th Amendment. What arguments can the State of Columbia make and what arguments will the U.S. Government raise in defense? How should the US Supreme Court rule and why?
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