Smoking Prohibited with Minors in Vehicles
Children do not have a choice whether or not an adult smokes while driving a vehicle. According to Chest magazine, 4.8 million American children have been diagnosed with asthma. The Centers for Disease Control in Atlanta report that in 1993, 159,000 children under the age of fifteen were hospitalized for acute asthma, and 5,300 people died. The American Lung Association states that the annual health care cost for asthma is 12.6 billion dollars. "The value of reduced productivity due to loss of school days represented the largest single indirect cost related to asthma, approaching $1 billion." The National Institute of Allergy and Infectious Disease states that, "More than 10 million school days are missed annually due to asthma." "Annually in America, there are approximately 10.4 million physician office visits for the treatment of asthma. Approximately one-third of those visits are for patients under the age of 18," as reported in the New England Journal of Medicine.
This law would be authorized by the United States Constitution, Article 1, Section 8, Clause 3…"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This Commerce Clause would pertain to those individuals traveling in vehicles. Added authorization is found in Article 1, Section 8, Clause 18. The necessary and proper clause would allow for the novel idea of regulating individual habits inside privately owned vehicles. In American Government and Politics
Today, this clause "has allowed Congress to adapt the government to changing needs and times".
Enforcement of this law would be delegated to each state. Each state's Department of Transportation, Highway/State Patrol would also then enforce this law. Local law/County Sheriff offices would give their support likewise.
As stated in the...