Over-the-counter Ivermectin (bi-partisan legislation)

House Bill 2746 (HB2746), sponsored by Representative Joe Towns, Jr. (D-Memphis-District 84), and Senate Bill 2188 (SB2188), sponsored by Senator Frank Niceley (R-Strawberry Plains-District 8) would authorize ivermectin suitable for human use to be sold or purchased as an over-the-counter medication in Tennessee without a prescription or consultation with a pharmacist or certain other healthcare professional. – Amends TCA Title 4; Title 14; Title 47; Title 53; Title 63; Title 68 and Title 71.

HB2746 was introduced on 2/2/22. SB2188 was introduced and passed on first consideration on the same date.

https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2746

Article I, Section 8, Clause 17 of the U.S. Constitution, quoted as follows: . "The Congress shall have the power . . . To exercise exclusive legislation in all cases whatsoever, over such district (NOT EXCEEDING TEN MILES SQUARE) as may, by cession of particular states and the acceptance of Congress, become the seat of the Government of the United States, [District of Columbia] and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the Erection of Forts, Magazines, Arsenals, dock yards and other needful Buildings; And - To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." [emphasis added] and .

Article IV, Section 3, Clause 2: . *"The Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."

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• “It is clear that Congress, as a legislative body, exercise two species of legislative power: the one, limited as to its objects, but extending all over the Union: the other, an absolute, exclusive legislative power over the District of Columbia. The preliminary inquiry in the case now before the Court, is, by virtue of which of these authorities was the law in question passed?” * ** [Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 265; 5 L.Ed. 257 (1821)] **

. "We have in our political system a Government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a Citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other." **Slaughter House Cases United States vs. Cruikshank, 92 U.S. 542 (1875). **

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The definition of the "United States" being used here, then, is limited to its territories:

The District of Columbia

Commonwealth of Puerto Rico

U.S. Virgin Islands

Guam

American Samoa

Northern Mariana Islands

Trust Territory of the Pacific Islands

Military bases within the several states

Federal agencies within the several states . It does not include the several states themselves.

.

This is further confirmed by the following quote from the Internal Revenue Service: .

Federal jurisdiction "includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa." - Internal Revenue Code Section 312(e).

Article I, Section 8, Clause 17 of the U.S. Constitution, quoted as follows: "The Congress shall have the power . . . To exercise exclusive legislation in all cases whatsoever, over such district (NOT EXCEEDING TEN MILES SQUARE) as may, by cession of particular states and the acceptance of Congress, become the seat of the Government of the United States, [District of Columbia] and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the Erection of Forts, Magazines, Arsenals, dock yards and other needful Buildings; And - To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." [emphasis added] and

Article IV, Section 3, Clause 2: *"The Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."

 “It is clear that Congress, as a legislative body, exercise two species of legislative power:  the one, limited as to its objects, but extending all over the Union:  the other, an absolute, exclusive legislative power over the District of Columbia.  The preliminary inquiry in the case now before the Court, is, by virtue of which of these authorities was the law in question passed?” **[Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 265; 5 L.Ed. 257 (1821)] **

*"We have in our political system a Government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a Citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other."  *                                                                    Slaughter House Cases United States vs. Cruikshank, 92 U.S. 542 (1875).

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The definition of the "United States" being used here, then, is limited to its territories:

1. The District of Columbia
2. Commonwealth of Puerto Rico
3. U.S. Virgin Islands
4. Guam
5. American Samoa6) Northern Mariana Islands
6. Trust Territory of the Pacific Islands
7. Military bases within the several states
8. Federal agencies within the several states

It does not include the several states themselves.

This is further confirmed by the following quote from the Internal Revenue Service:

Federal jurisdiction "includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa."  - Internal Revenue Code Section 312(e). .........