In doing so, it rejected an interpretation of the 21st Amendment that granted the states the power to regulate all aspects of alcohol within their borders.
Most small and a goodly number of midsize states wouldn't want to see their relative power diluted, so such an amendment would have little chance of ratification.
Its one-size-fits-all attempt to regulate marriage defining marriage for federal purposes as a legal union between one man and one woman takes away state powers in violation of the Tenth Amendment (power not delegated to the federal government remains with the states or the people).
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But leaving academic jaws agape, the majority capitalized on a marginal, throw-it-at-the-wall-and-see-if-it-sticks Government argument that the penalty for failure to comply with the mandate was not a penalty at all rather, a tax within the power of the Taxing Clause (as well as the Sixteenth Amendment, a further flimsy stretch).
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Holland (1920), Justice Oliver Wendell Holmes followed this logic to declare that no "invisible radiation from the general terms of the Tenth Amendment" applies to the Treaty Power.
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"The mere potential for the exercise of that power casts a chill, a chill the First Amendment cannot permit if free speech, thought, and discourse are to remain the foundation of our freedom, " Justice Kennedy added.
With the Kefauver Amendment of 1962, Congress gave the FDA the power to ensure that a drug is effective too.
In early 1865, at what should have been the zenith of his power, even Lincoln had to fight to pass the 13th Amendment.
She said the health secretary's duties as currently defined in the bill were "neither prescriptive nor exhaustive" and therefore the amendment "would not give the secretary of state a new power to do anything that the clause does not already accommodate".
And Second Amendment fans have poured out their vituperation online, some floridly warning of a power grab by the Obama administration.
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The court, however, refused both at that time and now to decide whether the commission's policy violates the First Amendment guarantee of free speech, ruling only on the agency's enforcement power.
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