Family Smoking Prevention and Tobacco Control Act

Floor Speech

FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT -- (House of Representatives - April 02, 2009)

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from California (Mr. McClintock) is recognized for 5 minutes.

Mr. McCLINTOCK. Madam Speaker, today this House passed H.R. 1256, which takes tobacco regulation to a whole new level and, at the same time, imposes onerous new fees that are going to be transferred to consumers as higher prices. The entire debate over the bill was over what method should be used to do so. Before we close today's proceedings, I'd like to offer a somewhat different perspective.

Many years ago, author and commentator Bruce Herschensohn made this point. He said, ``For every pleasure in life, there is a corresponding risk. I think that's a universal truth--for every pleasure in life, there is a corresponding risk.

And he pointed out that it's true that with enough taxes and laws and restrictions and regulations and penalties and lectures, government can produce a virtually risk-free society. But it will also be one of the most colorless, pleasureless, tedious, and miserable societies ever conceived by the mind of man. I believe that's the case.

The health risks of smoking are real and they are well-documented. Our schools rightly make a concerted effort to inform every child of the health risks of tobacco--and they do a good job of it. Our government warns every adult of the health risks of tobacco--and they do a good job of it, too.

As a result, I don't believe there's a single individual in the United States who doesn't well and fully comprehend the health risks of tobacco. But once those warnings are issued, how much farther should government go to make individual decisions for rational adults if they weigh the risks of smoking for themselves?

Ten years ago, after California had imposed yet another tax on tobacco products, I got a letter from a woman who said, ``I'm 81 years old. I have been smoking my entire life. If I have to quit now, I'm going to die.'' She then went on to meticulously calculate how much the new tax cost would cost her on her limited, fixed income, and asked if I could help.

Madam Speaker, in every society, in every part of the world, in every period of history there is always a large group of people who simply want to be left alone to live their lives according to their own best judgment. And there's always a smaller but more domineering group who believe they're so good at running their own lives that they're just naturally entitled to run everybody else's as well.

Rarely has that conflict between these two groups come into sharper focus than in the ongoing efforts to restrict and regulate and tax and harass and intimidate individuals who, after weighing all the risks, decide to smoke anyway.

Personally, I think they're making a very bad decision. But they probably think others are making a very bad decision when they decide to go skiing or bungee jumping or skydiving or thousands of other pleasures that incur corresponding and calculated risks.

I wonder tonight whatever happened to the notion of personal responsibility and whatever happened to the notion, as Jefferson put it, of ``a wise and frugal government which shall restrain men from injuring one another but shall leave them otherwise free to regulate their own pursuits of industry and improvement.''

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