Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
Notes
1 1 Peter Barton Hutt, Government Regulation of the Integrity of the Food Supply, 4 ANNU. REV. NUTR. 1 (1984).
2 2 Id.
3 3 See, e.g., MICHAEL E. PORTER, THE COMPETITIVE ADVANTAGE OF NATIONS, 648–49 (1990).
4 4 JOHN P. SWANN, HISTORY OF THE FDA, FDA History Office (Dec. 17, 2001).
5 5 FDA, FDA BACKGROUNDER: MILESTONES IN U.S. FOOD AND DRUG LAW HISTORY (updated May 5, 2012).
6 6 For more on the Poison Squad, see Deborah Blum, The Poison Squad: One Chemist's Single‐Minded Crusade for Food Safety at the Turn of the Twentieth century (Penguin 2018).
7 7 The data is collected in the USDA, Bureau of Chemistry, bulletin no. 84 (1902–1908).
8 8 Philip J. Hilts, The FDA at Work: Cutting‐Edge Science Promoting Public Health, FDA CONSUM. MAG. (Jan.–Feb. 2006).
9 9 Id.
10 10 Id.
11 11 Id.
12 12 21 U.S.C. § 1 et seq.
13 13 21 U.S.C. § 601 et seq.
14 14 PHILIP J. HILTS, PROTECTING AMERICA'S HEALTH: THE FDA, BUSINESS, AND ONE HUNDRED YEARS OF REGULATION 89–92 (2003).
15 15 The FDA Food Safety Modernization Act, Pub. L. 111‐353 (2011).
16 16 “Codification” is the arrangement of the laws (statutes or regulations) into an organized code. The volumes of the Code of Federal Regulations are organized by subject matter.
17 17 Although the U.S. Constitution is at the root of all American law, nonlawyers seldom read the document. Do not be intimidated by the document's importance. Its language is surprisingly simple to understand.
18 18 See the Appendix to this chapter.
19 19 The U.S. Constitution provides that the Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding. U.S. CONST. art.VI.
20 20 Of course, state and federal laws may be different without direct conflict. Generally, states may pass more restrictive or stringent food safety laws (or weaker laws) than those promulgated at the federal level, so long as there is no direct conflict in the specifics of the laws.
21 21 “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.” U.S. CONST. amend. X.
22 22 Article I of the Constitution authorizes Congress to make all laws which shall be necessary and proper for carrying into execution the government's constitutional powers. The “Commerce Clause,” in article I, section 8, clause 3 of the Constitution, authorizes Congress to regulate commerce with foreign nations, among the several States and with the Indian tribes.
23 23 “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.” U.S. CONST. amend. X.
24 24
