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Proponents of
federal government involvement in public health attempted to circumvent this
Constitutional hang-up by citing other parts of this document which could be
interpreted to allow federal governmental participation in public health
matters i.e.: the interstate commerce clause gave the federal government the
power to regulate interstate commerce (impure food and drugs) and the fact
that Congress was empowered to provide "for the general welfare" of the
populace would appear to give the federal government a wide range of
authority in preserving the public's health. Despite these last 2 points,
states rights’ proponents and all other parties opposing federal
intervention, for whatever reasons, continued, and still continue today, to
raise the Constitutional issue of the federal government’s legal role in
public health issues. |