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 To admit a given federal power as a matter of
 convenience would go far to impair the
 validity of the Tenth Amendment° The
 doctrine that the federal government was one
 of the enumerated powers would "then be
 replaced by the theory that federal authority
 could encompass any matter of sufficient
 importance to the national welfare° The
 whole Jeffersonian concegtion of the union
 would be subtly altered, even destroyed.
 A.H. Kelly, The Americ@f!_Constitutiong 220 (3d Edo 1963)
 The import of the clause of the Tenth Amendment is
 inaccurately reflected by its contemporary disregard. The last
 clause of the Tenth Amendment has never been subjected to careful
 Supreme Court analysisg nor has any case been argued or decided
 on its merits. In the first forty years ef this century, the
 Tenth Amendment was often invoked by litigants who claimed that
 certain federal laws invaded the powers _'reserved to the state."
 The Supreme Court, in three major cases (___l_v. Da_, 247
 U.S. 251f 62 L. Ed. 1101 (1981) {commerce clause), Schect r v.
 United Statg___, 295 UoS. 495 (1935) (commerce clause), and Uni__9__
 States v. Bu_eK, 247 U.So 1 (1936) (taxation)), guided by its
 view as to where the dividing line between the state and the
 Federal jurisdiction should be drawn, restricted delegated
 federal powers. In these decisions, it was determined that the
 asserted federal power was not within the purview of the commerce
 clause or the power of taxation.

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