The federal Food and Drug Administration may enact national bans on medications that it believes to be dangerous to U.S. citizens, even though this is not an enumerated power in the Constitution. The most likely source of this federal power comes from judicial interpretations of ________.

Question

Quizplus · Accepted Answer

The commerce clause is the most likely source of federal power for the FDA to enact national bans on medications. The Supreme Court has interpreted the commerce clause to allow the federal government to regulate not only interstate commerce but also any activity that has a substantial effect on interstate commerce. In this case, the FDA could argue that dangerous medications have an effect on interstate commerce by potentially harming citizens in multiple states.

The Federal Food and Drug Administration May Enact National Bans