Stop crying about second-hand smoke and put down the cheeseburger, fatty!

I would like to take a moment to address an issue I have with the taxes imposed on cigarettes, and because our number is dwindling, a resource where the government can make a few bucks to make this a healthier place.

I had to propose an amendment to the constitution for my poli-sci class and here's what I got:

PREFACE:
The federal and state governments tax cigarettes and alcohol and use the tax money to fund things ranging from healthcare to education to road improvements. In recent years, the tax on cigarettes has skyrocketed and states have banned the act of smoking in public establishments to varying degrees. The tax on a pack of cigarettes ranges from 17 cents per pack to $2.575 per pack (the US median is 80 cents per pack).
In 2005 the US department of the treasury, alcohol & tobacco tax and trade bureau collected $8.9billion in alcohol excise tax revenues.
Obesity has become the number one health problem in the US causing more annual deaths than smoking, yet there is still a fast food chain on every corner, contributing to the demise of the public health without paying into the debt it causes.

Proposed Amendment:
With the concern for public health and wellbeing at the forefront of the nation's vitality, The federal government shall impose a tax of no more than 3%, and state governments shall impose a tax of no more than 2% on fast food transactions in an effort to pay into the healthcare system to offset the debt caused by obesity related health problems as it remains the leading cause of death. The federal government shall impose a tax of no more than 2.5%, and state governments shall impose a tax of no more than 1.5% on fast food transactions during times obesity related health problems are no longer the leading cause of death.

The federal government is permitted to use the revenues generated from this tax for the purposes of medicinal research, healthcare, fitness programs, and nutrition awareness. The state government is permitted to use the revenues generated from this tax for the purposes of non-entertainment hospital accommodations and instruments for obese and morbidly obese patients and school and local sports/fitness programs.

Fast food is hereby defined as foods designed for ready availability, use or consumption and sold at eating establishments for quick availability or take-out.

In addition, no state or federal facility shall have the authority to place restrictions on the sale of fast food above and beyond local zoning laws, nor shall they have the authority to restrict the consumption of fast food in areas where the consumption of any food is permitted.