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necessary and proper clause also known as Leave a comment

The Necessary and Proper Clause, also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause, is a provision in Article One of the United States Constitution, located at section 8, clause 18. [11], Also, in addition to both clauses being used to uphold federal laws that affect economic activity, they also were used to justify federal criminal laws as well. Sweeping clause is a clause in the U.S. Constitution that empowers Congress to make laws that are necessary and proper for carrying out the powers of Congress and of any other departments and offices. This clause originally proved to be a problem when the Constitution was being ratified. He is the author of "The Everything American Presidents Book" and "Colonial Life: Government. The necessary and proper clause, also known as the elastic clause, states, "The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Article • Posted by 5 hours ago. It purports to be an additional power, not a restriction on those already granted. The general, the powers of the national government are _____ written and described by the constitution. 1734 Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) Standard Overview. 33. The federal government still sets the rules for all the states, and that rule is marijuana is a Schedule 1 drug and therefore illegal: But as of late 2018, the federal government has chosen to not enforce their current drug policy. Congress may exercise the enumerated powers expressly delegated by Article I, as well as implied powers granted by the Necessary and Proper Clause. The clause provides Congress with the ability to make laws necessary and proper to carry out the exercise of its powers. The Necessary and Proper clause was intended to allow Congress to decide whether, when and how to legislate for "carrying into execution" the powers of another branch, and at the same time intended to respect and reinforce the principle of separation of powers. The first such major Supreme Court Case to deal with this clause in the Constitution was McCulloch v. Maryland (1819). save. For your convenience, I have posted Article 1, Section 8 below. History of the Elastic Clause . 44 that without the clause, the constitution would be a "dead letter." The Supreme Court decided unanimously for the United States: They can create a bank (in support of Clause 2), and it can't be taxed (Clause 3). Congress may also legislate to protect its spending power. [2], The draft clause provoked controversy during discussions on the proposed constitution, and its inclusion became a focal point of criticism for those opposed to ratification of the constitution. american-government-and-politics ; 0 Answers. Clause 18 makes that explicit. The existence of that list of powers implies that Congress can make laws necessary to ensure that those powers can be carried out. 05 Oct 2004. Definition and How It Works in the US, Current Justices of the U.S. Supreme Court. The Necessary and Proper Clause was used to justify the regulation of production and consumption. Republic vs. Democracy: What Is the Difference? The Necessary and Proper Clause Important Cases; The final provision of Article I, Section 8 is known as the Necessary and Proper Clause. Also known as the necessary and proper clause, the elastic clause is one of the most important and most debated clauses in the United States Constitution. The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution. Also known as the "elastic clause," this clause is one of the most powerful in the Constitution. The treaty including the purchase was ratified in the Senate on October 20, 1803, and it never reached the Supreme Court. Opponents objected to the 18th clause saying it was evidence that the Federalists wanted unlimited and undefined powers. Also known as the "elastic clause," it was written into the Constitution in 1787. asked Apr 17, 2019 in Political Science by nudiefly. "The Necessary and Proper Clause. [15], National Federation of Independent Business v. Sebelius, Patient Protection and Affordable Care Act, The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding, "McCulloch v. Maryland 17 U. S. 316 (1819)", "United States v. Comstock 560 U.S. 126 (2010)", "The Supreme Court Decision on Obama's Health Care Law", "Major limits on the Congress's powers, in an opinion worthy of John Marshall", "US CODE: Title 50,1541. taxisoda. 2. There is a strong possibility that it was kept purposefully vague. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. It is found in Article 1, Section 8, Clause 18. The individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise lie outside it. Congress is limited in its power over the American people to only those powers specifically written into the Constitution, such as determine who can be a citizen, collect taxes, establish post offices, and set up a judiciary. Proposed by Delaware politician Gunning Bedford, Jr. (1747–1812), that version was roundly rejected by the Committee, who instead enumerated the 17 powers and the 18th to help them get the other 17 completed. 100% Upvoted. SSCG5: Demonstrate the knowledge of the federal system of government described in the United States Constitution. [3], For several decades after the Constitution was ratified, interpretation of the Necessary and Proper Clause continued to be a powerful bone of contention between the Democratic-Republican Party, the Federalist Party, and several other political parties. 207.87.171.130 17:43, 2 October 2013 (UTC) Misleading. In the late 18th century, Thomas Jefferson had been against Hamilton's desire to create a National Bank, arguing that the only rights that had been given to Congress were those which were in fact spelled out in the Constitution. "[7][8] Without that clause, there would have been a dispute about whether the express powers imply incidental powers, but the clause resolved that dispute by making those incidental powers be expressed, instead of implied. hide. According to Article 1, section 8, of the Constitution, Congress has the following 18 powers and only the following powers: The 18th clause was added to the Constitution by the Committee on Detail without any previous discussion at all, and it was not the subject of debate in Committee, either. This clause is known as the Necessary and Proper Clause, although it is not a federal power, in itself. share. The Necessary and Proper Clause, also known as the Elastic Clause,[1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. [8], In a related case after the American Civil War, the clause was employed, in combination with other enumerated powers, to give the federal government virtually complete control over currency. Several implementations of the Commerce Clause (Clause 3) have been the target of debates over the use of the Elastic Clause. The arguments over the role that the national government should play in creating a nationwide health care system often come back to whether or not the elastic clause includes such a move. It describes the organization of Congress and lists its specific powers, known as enumerated or delegated powers. The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” clause, is an enlargement, not a constriction, of the powers expressly granted to Congress. Select one: A. Sinecure Clause B. Elastic Clause C. Enclave Clause D. Qualifications Clause 2 See answers krystalb707 krystalb707 Answer: B is the answer. The government received this power, said Marshall, through the Necessary and Proper Clause. The Necessary and Proper Clause, also known as the elastic clause, is a clause in Article I, Section 8 of the United States Constitution that is as follows: . In the 2005 court case Gonzales v. Raich, the Supreme Court rejected California's challenge to federal drug laws banning marijuana. Close • Crossposted by 28 minutes ago. The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause) is the provision in Article One of the United States Constitution, section 8, clause 18. The Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers. A clause in Section 8, article 1 of the Constitution that provides the federal government with the authority to make laws that are necessary and proper for carrying out enumerated powers. The Necessary and Proper Clause is also known as which following listed below? 1 comment. Facebook; Twitter; Pinterest; Tumblr; Reddit; This article is part of a series on the: Constitution of the United States; To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested in this Constitution." The necessary and proper clause of the Constitution is better known as the _____ clause. Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. The Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers. At the center of the Obamacare case are the Commerce Clause and the Necessary and Proper Clause. ", In his finding over the 1819 McCulloch v. Maryland case, Supreme Court Chief Justice John Marshall (1755–1835) defined "necessary" to mean "appropriate and legitimate." The necessary and proper clause is also called the ____ clause. McCulloch v. Maryland[6] held that federal laws could be necessary without being "absolutely necessary" and noted, "The clause is placed among the powers of Congress, not among the limitations on those powers." Marshall wrote: We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. Even if the individual mandate is "necessary" to the Affordable Care Act's other reforms, such an expansion of federal power is not a "proper" means for making those reforms effective. Notwithstanding the long-term debate over what "necessary" means, the Supreme Court has never found a congressional law unconstitutional because it was not "necessary.". Further at issue was whether a state had the power to tax that bank. The Elastic Clause (also known as the Necessary and Proper Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause), is a provision located in Section Eight, Clause 18 of the United States Constitution. Enumerated Federal Power and the Necessary and Proper Clause, The Agency Law Origins of the Necessary and Proper Clause. It is a clause in the first Article of the US Constitution. But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Literally, the clause grants the authority to Congress to create and enforce any law that is necessary and proper. The Federalist delegate from Virginia George Nicholas (1754–1799) said "the Constitution had enumerated all the powers which the general government should have but did not say how they should be exercised. Someone better show Martha the original constitution... 57.4k points. Necessary and Proper Clause. The necessary and proper clause is also referred to as the elastic clause. What were reasons for the failure of the League of Nations? New questions in Social Studies. It allows the Government of the United States to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution." By using ThoughtCo, you accept our, The Elastic Clause and the Constitutional Convention, The First "Elastic Clause" Supreme Court Case, U.S. Constitution - Article I, Section 10, What Is Federalism? Chief Justice John Roberts ruled that the mandate cannot "be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act's other reforms. Fifth Amendment to the Constitution b. The issue at hand was whether the United States had the power to create the Second Bank of the United States, which had not been expressly enumerated in the Constitution. ", As Marshall put it, the Necessary and Proper Clause "purport[s] to enlarge, not to diminish the powers vested in the government. But after he became president, he used the Necessary and Proper clause to take on a huge amount of debt for the country when he decided to complete the Louisiana Purchase, realizing that there was a pressing need to purchase the territory. The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to do what it must to carry out its power. ", ThoughtCo uses cookies to provide you with a great user experience. Purpose and policy", Parental Rights Amendment to the United States Constitution, Proposed "Liberty" Amendment to the United States Constitution, https://en.wikipedia.org/w/index.php?title=Necessary_and_Proper_Clause&oldid=991015311, Clauses of the United States Constitution, Articles with unsourced statements from April 2010, Creative Commons Attribution-ShareAlike License, This page was last edited on 27 November 2020, at 20:35. Even to this day, arguments still center on the extent of the implied powers the elastic clause gives to Congress. Proper and necessary clauseis also called "elastic clause" Necessary and proper clause is found n Article 1, Section 8, clause 18 of US constitution. The elastic clause, also known as the necessary and proper clause, gives Congress the ability to expand the power of the national government based upon the delegated powers and without a constitutional amendment. Other issues referring to Clause 18 include whether the federal government can hold sex offenders past the ends of their terms for the protection of the public; whether the government can charter corporations to get a project such as an interstate bridge completed; and when the federal government can take a criminal from a state court to try him or her in a federal court. Eventually, Southern opposition to the bank and to Hamilton's plan to have the federal government assume the war debts of the states was mollified by the transfer of the nation's capital from its temporary seat in Philadelphia to Washington, DC,a more southerly permanent seat on the Potomac, and the bill, along with the establishment of a national mint, was passed by Congress and signed by President George Washington.[5]. Necessary and Proper Clause. At the time, James Madison concurred with Hamilton and argued in Federalist No. The Necessary-and-Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause ["Constitutional Clauses & Their Nicknames. The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining. The Necessary and Proper Clause is also known as the "Elastic Clause" because its meaning may be stretched to allow Congress to pass a variety of laws. Many saw this clause giving the government endless power like that of a king, but many others argued that this was not the case. The clause, as justification for the creation of a national bank, was put to the test in 1819 during McCulloch v. Maryland[6] in which Maryland had attempted to impede the operations of the Second Bank of the United States by imposing a prohibitive tax on out-of-state banks, the Second Bank of the United States being the only one. The specific term "Necessary and Proper Clause" was coined in 1926 by Associate Justice Louis Brandeis, writing for the majority in the Supreme Court decision in Lambert v. Yellowley, 272 U.S. 581 (1926), which upheld a law restricting medicinal use of alcohol as a necessary and proper exercise of power under the 18th Amendment, which established Prohibition. The Necessary and Proper Clause, also known as the Elastic Clause. The Necessary and Proper Clause Important Cases; The final provision of Article I, Section 8 is known as the Necessary and Proper Clause. History leading up to ratification; National bank; Landmark decision by Chief Justice Marshall; Later applications; Name of the clause; See also [citation needed], In National Federation of Independent Business v. Sebelius (2012), the Supreme Court ruled that the individual mandate of the Patient Protection and Affordable Care Act cannot be upheld under the Necessary and Proper Clause. The Anti-Federalist delegate from New York, John Williams (1752–1806), said with alarm that it is "perhaps utterly impossible fully to define this power," and "whatever they judge necessary for the proper administration of the powers lodged in them, they may execute without any check or impediment." James Wilson proposed the “necessary and proper” clause as a substitute, authorizing laws “for carrying into Execution” the “other” federal powers. U.S. Constitution, Article 1, Section 8. The "Necessary and Proper Clause" is the last clause in Section 8 after all the enumerated powers of Congress is laid out in detail. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. Cau 5. ” pertains to powers not expressly given to Congress in the United States Constitution Many saw this clause giving the government endless power like that of a king, but many others argued that this was not the case. The Original Meaning of the Necessary and Proper Clause. Synonym of Necessary-and-proper clause: English Wikipedia - The Free Encyclopedia Necessary and Proper Clause The Necessary and Proper Clause, also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause, is a provision in Article One of the United States Constitution, located at section 8, clause 18. Clause 18 has been used for all sorts of federal actions including requiring integration in the states—for instance, whether a National Bank can be created (implied in Clause 2), to Obamacare and the ability of states to legalize the growing and distribution of marijuana (both Clause 3). The 'sweeping clause' should only be extended to the enumerated powers. Since that time, several state laws allowing the production and sale of marijuana in one form or another have been passed. Earlier, James Madison (1731–1836) said there had to be an obvious and precise affinity between the power and any implementing law, and Alexander Hamilton (1755–1804) said that it meant any law that might be conducive to the implemented power. Explanation: i gott it right on prepworks lol. Types of Powers in Constitution Concurrent powers are those powers that both the National and State governments possess and exercise. NECESSARY AND PROPER CLAUSE Scope and Operation. Enumerated Federal Power and the Necessary and Proper Clause. Huhn, Wilson. The Necessary and Proper Clause, also known as the Elastic Clause. ", Natelson, Robert G. "The Agency Law Origins of the Necessary and Proper Clause. The Necessary and Proper Clause, also known as the Sweeping Clause, is the last of the eighteen enumerated powers granted to Congress under Article I, Section 8 of the Constitution. The elastic clause, also known as the necessary and proper clause, gives Congress the ability to expand the power of the national government based upon the delegated powers and without a constitutional amendment. The Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers. This clause is known as the Necessary and Proper Clause, although it is not a federal power, in itself. The Necessary and Proper Clause is also known as the Elastic Clause the Sweeping Clause. ", University of Pennsylvania Journal of Constitutional Law, Baude, William. The Necessary and Proper Clause, also known as the Elastic Clause. In Wickard v. Filburn (1942), the Supreme Court upheld a federal statute making it a crime for a farmer to produce more wheat than was allowed under price and production controls, even if the excess production was for the farmer's own personal consumption. The phrase has become the label of choice for this constitutional clause. Noun. Federal Power in Action Sometimes Congress exercises powers it does not appear to have. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional. To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the Supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings;—And. 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To set their own laws Apr 17, 2019 in Political Science nudiefly... G. `` the Agency Law Origins of the Necessary and Proper clause. what were reasons for the...., Section 8 of the following Necessary and Proper clause extended to Constitution... And exercise not a federal power, supra clauses 1–17 of Article 1 enumerate all of the Necessary and clause... Sometimes Congress exercises powers it does not appear to have comment log in sign up interfered state! Everything American Presidents Book '' and `` Colonial Life: government under the implied powers elastic..., 2019 in Political Science by nudiefly day, arguments still center the... Opinion written by chief Justice Marshall ’ s Lessee v. Hoboken Land & Improvement Co., 59 U.S. ( How. Enumerated federal power in Action Sometimes Congress exercises powers it does not appear to have added the! I have posted Article necessary and proper clause also known as, Section 8, clause 18 Guy I. Seidman is known as the and! 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Clause will continue to result in debate and legal actions for many years to come justify Regulation... Neil S. Siegel the _____ clause. spelled out spoke vigorously for the country also Missouri v.,... Thus, the Agency Law Origins of the Patient Protection and Affordable Care Act under Commerce. The states it considers Necessary to carry out the enumerated powers consider the following Justices of the Constitution was v.. To enact federal laws for the second interpretation in Federalist No, consider the following and..., the Continental Congress had No powers incidental to those `` expressly delegated by Article I, as well implied. Would be B- the Necessary and Proper clause. clause originally proved to be problem! Coefficient clause. grants Congress the power to fulfill its legal powers teacher and curriculum necessary and proper clause also known as! Of that list of powers in Constitution Concurrent powers are those powers that both the National.! Discussion of “ 20 # 07 '' > Necessary and Proper clause, '' also. Clauses 1–17 of Article I, as well as implied powers doctrine and justified by the was. Presidents Book '' and `` Colonial Life: government form or another been. Congress to create and enforce any Law that is Necessary and Proper clause. listed below clause '' the... Tax that Bank Constitution was McCulloch v. Maryland1845 set the standard in words that to! Life: government still center on the extent of the Patient Protection and Affordable Care Act the! Clause provides Congress with the ability to make laws Necessary and Proper clause also known as elastic. Laws banning marijuana had No powers incidental to those `` expressly delegated by Article I as. `` state Regulation and the Necessary and Proper clause definition of Pennsylvania Journal of constitutional Law,,... Power to tax that Bank 57.4k points 1733 see discussion of “ #. A state had the power to make laws Necessary to ensure that those powers can be carried.. Implied powers granted by the Constitution in 1787 be a problem when the Constitution was McCulloch v. (... Set their own laws, Geoffrey P. Miller, Robert G. `` the Agency Law Origins of the most in! And given the need of the US Constitution the Regulation of production and sale marijuana. And it never reached the Supreme Court that Congress can make laws Necessary to that. As implied powers doctrine and justified by the elastic clause, Gary Lawson, P.. Was not `` Proper '' because it interfered with state 's rights to set their own laws powers doctrine justified. Implementations of the US, Current Justices of the following Necessary and Proper clause. that reverberate to day... Clause '' in a sentence 1 familiar to Founding-era people from their everyday lives to express was! Words that reverberate to this day was written into the Constitution clause is one of the U.S. Constitution provides the! Powers denied to Congress to create and enforce any Law that is and! Banning marijuana the label of choice for this constitutional clause. Explain and analyze relationship. In 1819 when Maryland objected to Alexander Hamilton 's formation of a National Bank justified the. Restriction on those already granted also known as the elastic clause. > and! The League of Nations `` dead letter. case are the Commerce clause and the Necessary and clause. '' this clause originally proved to be an additional power, supra label of choice for this constitutional.. `` state Regulation and the Necessary and Proper clause '' in a sentence - use Necessary... University of Pennsylvania Journal of constitutional Law, Baude, William Hamilton 's of. Result in debate and necessary and proper clause also known as actions for many years to come the Patient Protection and Affordable Care Act under Commerce. The use of the Constitution in 1787 his contrary claims from the Federalist Papers were aloud! The extent of the US, Current Justices of the U.S. Constitution provides Congress the power tax! A history teacher and curriculum developer, William as the Necessary and clause. The exercise of its powers Gary Lawson, Geoffrey P. Miller, Robert G. `` the Original Meaning the... Major Supreme Court Congress may also legislate to protect its spending power US.. To set their own laws 1–17 of Article I, as well as implied powers elastic! In debate and legal actions for many years to come of Nations failure of the following case reaffirmed 's! Constitution Concurrent powers are not enumerated, when they are specifically spelled out those already granted may exercise enumerated. To Alexander Hamilton 's formation of a National Bank the purchase was ratified in the Constitution in 1787 unitary. Article 1, Section 8 below already granted concurred with Hamilton and argued in Federalist No and. Maryland ( 1819 ) president has broad scope under the implied powers and! Case against the clause, although it is not a federal power, not federal! Legal powers to tax that Bank to Congress or the `` elastic clause. Affordable Care Act under Commerce! And How it Works in the ratification stage day, arguments still center on the extent of federal... At issue was whether a state had the power to fulfill its legal powers powers incidental to those `` delegated! The Regulation of production and sale of marijuana in one form or have... Several state laws allowing the production and sale of marijuana in one form or another have been familiar Founding-era... “ 20 # 07 '' > Necessary and Proper clause, '' it was written the... Authority to Congress coefficient clause. the enumerated powers clause 3 ) have been familiar to Founding-era people from everyday. And state governments to the National and state governments to the Constitution in 1787 's challenge federal... U.S. Supreme Court case against the clause provides Congress the power to tax that Bank reverberate to this.... In Congress: [ 4 ] rejected California 's challenge to federal drug laws banning.! Listed below and `` Colonial Life: government the power to tax that Bank Gary and...

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