Is smoking protected by the 9th Amendment?

Asked by: Prof. Terence Fadel  |  Last update: February 19, 2022
Score: 4.1/5 (53 votes)

The right to smoke would certainly be covered under the 9th Amendment. ... From there, you can extend to include smoking. The Congress has broad powers to regulate most things under the Interstate Commerce clause.

Are there constitutional rights to smoke?

There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. ... Because there is no specially protected right to smoke, tobacco control advocates can work to amend or repeal state laws that stand in the way of tobacco control efforts.

What is protected by the 9th Amendment?

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

What Amendment gives you the right to smoke?

Smoking and the First Amendment | NEJM.

Is smoking a right?

The U.S. and California constitutions guarantee certain fundamental rights and protect certain classes of persons from all but the most compelling government regulation. However, no court has ever recognized smoking as a protected fundamental right nor has any court ever found smokers to be a protected class.

The Ninth Amendment Explained: The Constitution for Dummies Series

22 related questions found

Is smoking a civil liberty?

Bona fide violations of privacy interfere with the use of one's home, or papers, or place of business. Thus, civil liberties are property rights. Government smoking regulations, by their very nature, therefore, violate civil liberties and property rights.

Is smoking a freedom?

Number of cigarettes smoked postrelease and perception of the pros of smoking were associated with freedom, but not independence. Conclusions: Associations of smoking as an expression of freedom and independence may negatively influence plans for renewed smoking after a forced abstinence.

Do smokers have the right to smoke in public places?

The law covers all "enclosed" places of employment such as public and private, therefore, patio or outdoor dining facilities may allow smoking. California's law is one of the most restrictive in the nation, a number of exemptions are allowed (see below).

Can a state ban cigarettes?

As of July 2018, 29 states have enacted statewide bans on smoking in all enclosed workplaces, including all bars and restaurants: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, ...

What are examples of the 9th Amendment?

One example of the 9th Amendment is the Roe vs. Wade court case legalizing abortion. Two other examples of the 9th Amendment are the right to vote and the right to privacy. Americans have the right to vote in any election.

Which of the following rights are protected by the Ninth Amendment quizlet?

Which right does the Ninth Amendment protect? the right to personal privacy. rights are protected in civil court cases.

What are four rights guaranteed by the First Amendment?

The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.

What is First Amendment right?

The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

Which part of the US Constitution allows for the amendment process?

Article V of the Constitution says how the Constitution can be amended—that is, how provisions can be added to the text of the Constitution.

What is Executive Order No 26?

EO 26 provides for the establishment of smoke-free environments in public and enclosed spaces. The presidential issuance made it very clear that it covers all public and enclosed places found within the territorial jurisdiction of the Philippines.

Why did the smoking ban start?

Smoking bans are usually enacted in an attempt to protect non-smokers from the effects of secondhand smoke, which include an increased risk of heart disease, cancer, chronic obstructive pulmonary disease, and other diseases.

Should smoking be banned in the US?

According to projections by the authors, a nationwide ban on public smoking could prevent as many as 154,000 heart attacks each year. These findings are particularly important in light of mounting evidence that second-hand smoke exposure is nearly as harmful to the heart as chronic active smoking.

What rights do smokers have in the workplace?

Employers are required by law to: display no-smoking signs in workplaces and work vehicles; take reasonable steps to make sure that staff, customers, members and visitors are aware that they may not smoke in the premises or in work vehicles; make sure that no one smokes on the premises or in vehicles.

Can your employer stop you from smoking on your break?

Can my employer prevent me from taking a cigarette break? An employer cannot prevent a worker from taking their statutory rest break. But if you tend to regularly take additional breaks - going outside to smoke every hour - your boss could technically treat it as misconduct.

What does OSHA say about smoking?

OSHA is charged with protecting the safety and health of workers and does not regulate the ventilation of residences. Currently, OSHA has no regulations that apply to smoking, however, OSHA does have a standard which limits employee exposure to carbon monoxide one of the products from the combustion of tobacco.

How can I give up smoking?

Here are 10 ways to help you resist the urge to smoke or use tobacco when a tobacco craving strikes.
  1. Try nicotine replacement therapy. Ask your doctor about nicotine replacement therapy. ...
  2. Avoid triggers. ...
  3. Delay. ...
  4. Chew on it. ...
  5. Don't have 'just one' ...
  6. Get physical. ...
  7. Practice relaxation techniques. ...
  8. Call for reinforcements.

What is the most successful smoking cessation program?

The American Lung Association has been helping people quit smoking for over 35 years through Freedom From Smoking®. Ranked as one of the most effective cessation programs in the country, Freedom From Smoking has helped hundreds of thousands of people quit smoking for good and is now available in a variety of formats.

What is the name of the American Lung Association smoking cessation program?

Freedom From Smoking®

The American Lung Association's highly effective smoking cessation program is used by employers, hospitals, health plans and other organizations to help the individuals they serve become smokefree for life.

Why is the 2nd amendment important?

The importance of the second amendment is the ability to rebel against a tyrannical government. It also gives citizens the right to protect themselves, without restrictions from the government. The Second Amendment also allows us to protect ourselves from foreign and domestic attacks, if the government won't.