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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
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