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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.
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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.
FORBES: Dumb, Destructive Move
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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.
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With the Kefauver Amendment of 1962, Congress gave the FDA the power to ensure that a drug is effective too.
FORBES: Magazine Article
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In early 1865, at what should have been the zenith of his power, even Lincoln had to fight to pass the 13th Amendment.
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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".
BBC: Public health campaigns to remain in reformed NHS
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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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