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14th Amendment abortion action appellate applied argument authority Bill of Rights burden certiorari challenged chap Chief Justice claim commerce clause commerce power Congress congressional considered constitutional constitutionally criminal Dagenhart decision discrimination dissent doctrine Due Process Clause economic effect enacted enforcement equal protection executive exercise federal courts Fifth Amendment footnote Fourteenth Amendment fundamental granted immunity impeachment imposed interpretation interstate commerce invalidated issue judgment judicial review jurisdiction jury Justice Brennan Justice Douglas justify labor legislative legislature liberty limits Lochner majority opinion Marbury Marshall Marshall's McCulloch means ment merce milk modern Nixon Note police power President presidential principle privilege problems procedural Professor of Law prohibition provisions purpose question reason regulation rejected scope scrutiny Senate separation of powers standards State's statute statutory strict scrutiny substantial substantive due process Supreme Court sustained tion tional tive treaty unconstitutional United University valid Wickard