The Gonzales V. Raich - 1139 Words

Gonzales v. Raich was a landmark case which determined the extent that Congress could regulate marijuana usage in California. More precisely, the case involves deliberation between the constitutionality of the Compassionate Use Act, voted on by the state of California in 1996, and the Controlled Substances Act (CSA), passed by Congress in 1970. Does the CSA, a policy which permits the regulation of certain drugs and chemicals by the Drug Enforcement Agency (DEA), exceed the regulations set under the Commerce Clause of the Constitution? Does the Compassionate Use Act, which allows for the use of medical marijuana in California, protect citizen’s rights to use and distribute marijuana for medicinal purposes? The decision made by the Supreme Court would spark debate over these questions as well as similar topics such as federal abuse of power, doctor patient confidentiality, and the decriminalization of marijuana across America. In my paper, I will cover the events and influences leading up to the Supreme Court’s official decision, the significance of the outcome, and the questions and issues brought up in the aftermath of Gonzales v. Raich. In 1996, California voters passed the Compassionate Use Act, which allowed for the cultivation and usage of marijuana for limited medical purposes. The proposition was the statewide ballot on the issue of medical marijuana which had been passed. It was enacted with 55% of the population in favor, 45% opposed, a fact which in and of itselfShow MoreRelatedThe Supreme Court Of Raich V. Gonzales2031 Words   |  9 PagesI — The Pragmatic Majority The questions presented to the Supreme Court in Raich v. Gonzales (2005) are whether the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors have prescribed medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Stephen Breyer’s strand of pragmatism to answer those questionsRead MoreThe American Constitution Essay2253 Words   |  10 PagesOklahoma challenged Colorado’s legalization of recreational marijuana for over stepping their state power (Nebraska and Oklahoma v. Colorado). Because of the impact that this case could have on upcoming cases, the Supreme Court refused to hear the case under Art. III sec. two of the Constitutions, which elaborates on their original jurisdiction (Nebraska and Oklahoma v. Colorado). Upon the refusal of SCOTOS to hear Nebraska’s and Oklahoma’s challenge on Colorado’s legalization of marijuana, the federalRead MoreThe United States And National Government1621 Words   |  7 Pagesissues including those of coverage, accessibility, cost, accountability, and quality of health care and who has to pay for it. The power of congress ability to be able to enforce came into question.The United States Supreme Court’s decision in NFIB v. Sebelius, which upheld most of the Patient Protection and Affordable Care Act. Chief Justice Roberts, in his opinion, stated that â€Å"the mandate is not a legal command to buy insurance. Rather it makes going without insurance just another thing the GovernmentRead MoreMedical Marijuana Should Be Legal1545 Words   |  7 Pagesreclassification in 1992 (Grinspoon 10-13). Further federal action also stopped medical marijuana through the case of Gonzales v. Raich in 2005. This   case expanded federal authority and upheld the commerce clause to prohibit marijuana as well to allow the shutdown of medical marijuana clinics (Pickerell, Chen 22-24; Krause 22). The Supreme Court also refused to consider the case Olsen v. DEA, considering the reclassification of medical marijuana (Chon 16). The â€Å"War on Drugs† that had started in theRead MoreGovernment s Effect On The Government Essay1413 Words   |  6 Pagesseveral instances in this country’s history where the state and federal government have attempted to overstep their authority. Cases like Morrison v United States, Gonzales v Raich, and United States v Lopez (Forbes) are all cases that show the government overstepping their authority expressed in Commerce Clause especially in Gonzales v Raich for â€Å"Angel Raich violated federal law when she grew marijuana in her California home for medical use.† (Roy, 2012). The effect (as provided by the government) wasRead MoreExpansion of Federal Power982 Words   |  4 PagesThis grant may come with restrictions on other areas of the state, such as requiring the states to not allow racial discrimination. The grant would be revoked if the state did not follow the rule. C. The Decisions of Federal Courts 1. Gibbons V Ogden (1824)- The case started from an attempt by the State of New York to grant a monopoly of steamboat operation between New York and neighboring New Jersey. Robert Fulton and Robert Livingston were granted such exclusive rights. They licensed theRead MoreThe Associate Justice Of The Supreme Court1378 Words   |  6 Pageswas more of a conservative. Thomas would get lots of criticism from African Americans with his decision with minorities. Thomas was the third most frequent dissenter of the court. A major court case Thomas delivered the opinion on was Good News Club v. Milford Central School. The good news club was a private Christian organization. Under the New York law authorize district residents can use the school facility to hold after school activities. Milford denied the goof news club use because of the religiousRead MoreShould Marijuana Be Legalized?1697 Words   |  7 Pagesfines up to $1000. First time marijuana offenders however, are offered drug treatment programs instead of prison time. There are several court cases involving the fight for, and against marijuana. Some of these include Ravin v. State and Gonzales v. Raich. The Gonzales v. Raich court case was the closest the Supreme Court had ever come to suggesting that marijuana use should be decriminalized in any manner. Marijuana should be decriminalized due to the consequences of possessing something that is basicallyRead MoreShould Marijuana Be Legalized? Essay1887 Words   |  8 Pagesmarijuana would only make the economy grow and become stronger. As for government related issues regarding medicinal and recreational use of marijuana, there has been numerous cases such as Alaska Supreme Court: Ravin v. State (1975) or Gonzales v. Raich (2005). In Alaska Supreme Court: Ravin v. State (1975) â€Å"the Alaska Supreme Court declared the criminalization of personal marijuana use by adults, absent a compelling government interest, to be a violation of the right to privacy† meaning Alaska made marijuanaRead MoreThe Issue Of National Supremacy1258 Words   |  6 Pagesfederal laws the highest laws in the country. McCullough v. Maryland (1819) and Gibbons v. Ogden (1824) are two of the most important cases concerning National Supremacy that came to the Supreme Court during John Marshall s time as chief justice. While McCullough deals with the right of the federal government to create its own bank, Gibbons deals with the right of the federal government to regulate interstate and foreign commerce. Gibbons v. Ogden centers on the question of the meaning of the word