There may be smoke billowing from the U.S. Capitol building – and it’s legal.

In part of their sweeping rules changes governing the house, Republicans decided to allow tobacco smoking in the Capitol. The law allows for the consumption of tobacco products in a majority of the building. The rule excludes the use of smoke on the House floor.

Rep. Troy Nehls (R-Texas) has been one of the loudest proponents of the rule change. He joined Tucker Carlson on Friday to talk about complaints arising within the Democratic party on the new resolution.

“I don’t know what all the hoopla is about,” he said on the television show. “This is typical from the left. They want to infringe on our rights; they want to complain about our smoke… it doesn’t end.”

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“It is true,” Carlson said of tobacco. “It founded the country.”

Carlson’s response has been criticized for clearly evoking America’s past use of slave labor to grow tobacco.

Nehls pointed out that rules were implemented in 2007, while Nancy Pelosi (D-California) was the speaker of the House. The rules mandated that smoking be confined to private offices and not in public areas of the Capitol.

The rule changes are out of step with most of the United States. The District of Columbia banned smoking in most public places in 2006. Most areas of the United States have adopted comprehensive smoke-free laws in public areas, per the American Lung Association.

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