The Founding Fathers could not anticipate the complexities of the 21st century, and wanted to provide flexibility for the government to adapt. So they kept things fairly simple, but provided room for adaptation. American law gradually adapted to the complexity of a developing society. American law remained rooted in our good-but-flawed Constitution, but adapted to handle the modern world. The Founding Fathers did not anticipate, for example, how butchers, bakers, and farmers would evolve into the modern food industry. Along the way, our society recognized that the government needed to be involved in the food industry to ensure safety and transparency. The Constitution did not create a “Food branch” of the government or specifically grant 'food regulation' powers to the Federal government or the States. But the courts agreed that if the legislature passed a food safety law, there would need to be pragmatic systems to make that law into reality. When wealth accumulated wildly in ...
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