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ARGUMENTS BY ANALOGY The Supreme Court, in this unfortunate 5-to-4 decision finding that the Food and Drug Administration, part of the executive branch, does not have the authority to regulate tobacco as a drug, said that “owing to its unique place in American history and society, tobacco has its own unique political history,” and that Congress must speak on the matter. Slavery, too, held a “unique place in American history and society, tobacco has its own unique place in American history and society,” and the executive branch, through President Lincoln’s Emancipation Proclamation, resolved to free the slaves when Congress would not act. The executive branch’s decision to exercise jurisdiction to limit tobacco sales to minors should have been applauded by the Court, not undermined. WITA p. 540, #8 Conclusion: Primary Subject: Analogue: Selected Characteristic: IP: Premise: