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abortion activity apply argued argument Article authority ballots basis Bush child citizen citizenship civil rights claim Cleveland Commerce Clause commerce power community schools conclude Congress congressional constitutional constitutionally count crime criminal decision disabled discrimination dissent effect election electors Eleventh Amendment enacted equal protection Establishment Clause fact federal Florida Supreme Court Fourteenth Amendment funding gender governmental individual interest interstate commerce issue judicial jury Justice Breyer Justice O'Connor Justice SOUTER Justice Stevens legislative legislature limited Lopez magnet schools majority majority's ment military commission military tribunals native Hawaiians neutral nonreligious opinion parents persons petitioners political private choice private schools procedure prohibition public schools question racial profiling reason recount regulation Rehnquist rejected relationship religion religious schools remedy scrutiny secular Seminole Tribe standard State's statute statutory substantial T]he tion tional trial tuition unconstitutional United violations violence visitation voucher program Wickard women