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On the other hand, if the individual mandate was a penalty, it could not be upheld under the taxing power, but had to be justified as a necessary and proper means to accomplish another enumerated power, such as the commerce clause

We continue to see flare-ups in the tension between local landowners and federal land management authorities

The reported increases in risk of lung cancer from ETS exposure pertain to non-smokers (indeed, usually to persons who have never smoked)

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