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90th Congress abortion action appellee apply argued Article authority Bill of Rights branch challenged citizens claim classification Commerce Clause concern conduct Congress congressional Constitution constitutionally Court of Appeals criminal decide decision declared delegated delivered the opinion discrimination dissenting District Court doctrine Due Process Clause economic effect Eleventh Amendment enacted enforce Equal Protection Clause established Establishment Clause Ex parte Young executive exercise federal courts federal government Fifth Amendment Fourteenth Amendment Framers function fundamental governmental granted immunity imposed individual interest interstate commerce invalid issue judgment judicial judicial review jurisdiction Justice Justice Brennan legislative legislature legitimate liberty limited ment NOTES AND QUESTIONS officer persons petitioner plaintiffs political President President's principles privilege prohibited Puerto Rico purpose racial reason recognized regulation require respondents restrictions Senate separation of powers speech State's statute statutory Supreme Court tion tional unconstitutional United States Supreme veto violation