Rohith Rao Professor Kowal Legal Assignment # 1 2/13/15 Gonzalez v. Raich Synopsis and Analysis Introduction Gonzalez v. Raich was a major case that set a precedent for the constitutionality of the Controlled Substance Act as well as its federal jurisdiction. The defendants, Raich and Monson both suffer conditions that have granted them prescriptions for medical marijuana in the State of California. Raich purchases this marijuana from a grower and Monson grows her own plants. After examining the Controlled Substance Act (CSA), the court ruled that they can be federally prosecuted under the Commerce Clause as their actions can have a potential economic consequences. The majority of the court ruled on this favoring, however there are also …show more content…
Justice Scalia believed that the Commerce Clause is misleading and that Congress even has power to regulate intrastate activities that do not have an effect on interstate commerce. These powers derive from the Necessary and Proper Clause. Justice Scalia believes that these two clauses are distinct, however are commonly confused and overlapped. This overlapping is a result of the power to make regulation effective often pertains to economic activities as well. The justice believes that the CSA has constitutional grounds under the Commerce Clause as the market of Schedule I drugs is clearly under interstate commerce. However, the judge also believes that the statute already prohibits many intrastate and noneconomic rights with the notions of manufacture as well as simple possession. On the grounds of these intrastate activities being usually monitored by the state, Justice Scalia states that the CSA still has the scope to be implemented. Justice Scalia’s overall opinion comes down to the clause that should regulate this behavior and believes it is under the Necessary and Proper Clause. The rationale behind this is that it can regulate laws that “could be undercut.” He believes that the possession and cultivation is one step away from entering the market and without this legislation the regulation and control of interstate commerce could be
Ava. Baghaevaji 1) Name of the Case: Schechter Poultry Corporation v. United States 295 U.S. 495, 55 S. CT. 837 (1935) 2) Facts of the Case: The Schechter brothers ran a slaughterhouse in New York City which would kill and supply chickens to local stores. The brothers were convicted and tried by a federal district for violating standards set by the National Recovery Administration.
Analysis of issues in the motion to suppress. Argument a) The police relied on the information provided by CRI-2 to form the ground for an affidavit seeking to obtain a search warrant. The information from CRI-2 was not credible and could not be independently be relied upon or verified.
Opinion of the Court, Supreme Court of The United States (2003)
Therefore, the restriction of the refining companies wasn’t within the power of the commerce clause. Since the sugar companies’ involved intrastate commerce instead of interstate commerce, there was no violation of the constitution at this time. The Sherman Act in general was upheld as constitutional, pertaining to interstate commerce, which was defined to be within Congress’s jurisdiction. This case set the precedent that manufacturing was outside the jurisdiction of interstate commerce
Alberto Gonzales v. Angel McClary Raich, 545 U.S Facts: California passed the “Compassionate Use Act of 1996” which allowed for ill residents to use medical marijuana for medical purposes. The respondents, Angel Raich and Diane Morson suffered from several illness that only medical marijuana could treat. They were growing marijuana in their home, and had their plants destroyed by DEA agents. The Defendant sued the Attorney General, arguing that Congress had exceeded their interstate commerce clause authority in legislating the behavior of a local citizen, consuming a locally grown herb in his own home, after the act was passed.
The commerce clause can be used here, because congress was regulating agricultural trade to other nations. This was also allowed under the necessary and proper clause, because Congress could say that because of overproduction, and the fall of the stock market. A law was necessary to regulate the overproduction, and provide protection to american farmers. The bill, after being introduced to congress, had many revisions as many special interest groups demanded protection. What was introduced
Antonin Gregory Scalia was born March 11, 1936 in Trenton, New Jersey. He was the only child in both his immediate and extended family which lead to high expectations of him by his family. He certainly lived up to those expectations; graduating first in his class at Xavier High School in Manhattan and valedictorian from Georgetown University in 1956. Then he went to Harvard Law School, meeting Maureen McCarthy in his last year. They got married in 1960 and had nine children together: Ann, Catherine, Christopher, Eugene, John, Matthew, Margaret, Mary, and Paul.
Citation: Ashcroft v. Free Speech Coalition 535 U.S. 234 (2002) U.S. Court of Appeals for the Ninth Circuit Facts: The Free Speech Coalition which is a non-profit trade association of the pornography and adult entertainment industry in the United States filed suit, against the Child Pornography Prevention Act of 1996 (CPPA). The child pornography prevention act prohibits and sets penalties for activities such as depicting any visual image of the sexual abuse of minors. This includes pictures, video, and even modified images with the likeness or appearance of a minor engaging in a sexual act. The Promotion, advertisement, and distribution of such works are also prohibited and have consequences.
Federalism and Marijuana The scuffle over the marijuana regulation is one of the most important federalism dispute in a generation. This open-ended conflict of federal and state marijuana laws forces people to think over the protective powers of the federal drug laws and the fiiting roles of state and federal government in setting drug policy. A weaken instability and confusion have been caused due to the conflict of these states changing from prohibition to the regulation of marijuana use. Although the courts have not authorized an actual configuration of the preemption doctrine of this situation and it is argued that the precautionary extension of the Federal Controlled Substance Act is comparably reserved.
The Commerce clause refers to Article 1, Section 8, Clause 3 of the United States Constitution, which gives Congress the power “to regulate commerce with foregin nations, and among the several states, and with the Indian tribes”. This clause is one of the most fundamental powers delegated to congress by the founders. It has helped to seprate the powers between the federal governemtn and the states, along with the branches of governemtn and Judiciary. In simpler terms the commerce clause was to help regulate commerce among navigable waters.
Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.
Panel Discussion on the U.S. Supreme Court Vacancy Antonin Gregory Scalia who is one of the associate justice of United States. Supreme Court, dead on February 13 this year. Scalia was appointed as a justice by President Ronald Reagan from 1986 until his death in 2016. Before his death, the conservatives in the Supreme Court in the United States take up five seats and the liberals got four seats there, which means the conservatives take advantages in the Supreme Court of U.S. Now, many conservatives hope the vacancy should be appointed after the presidential election, while the liberals support that Obama appoints a new justice as soon as possible.
Currently, the commerce clause is more likely a condition that permits Congress to govern interstate commerce in which the actual large portion of the motel commodity trade is from the community and individuals, who are all coming from the state of Georgia. The complete rundown of the Heart of Atlanta Motel v. United States in Section 2 expresses that the power of Congress over interstate commerce is not restricted to the control of business throughout the states. Under the effects of the interstate commerce test, the regulated activity does not itself have to be in interstate commerce for it to be subjected to federal regulation but can also be any local (intrastate) activity as long as it has an effect on interstate commerce. Theoretically, this test subjects a substantial amount of business activity in the United States to federal regulation (Cheeseman25). The commerce clause allows Congress to regulate interstate commerce and permits Congress to manage interstate business.
Per 3 Goss Vs. Lopez Supreme Court Case On October 15, 1975 Nine students were suspended from Central High School from Columbus, Ohio. They had destroyed school property and disrupting students from learning and were suspended for 10 days. One of the students amoung them was Dwight Lopez.
Many citizens of California such as Robert Raich, Angel Raich and Diane Monson who support medical marijuana hoped their voice and the voice of people who support medical marijuana be heard in Congress. Diane Monson for example, was prescribed medical marijuana because of her lower back pain. On the same topic, Angel Raich was prescribed medical marijuana because without it, she would lose her appetite and die from a “wasting syndrome.” Angel Raich said “I don’t know how to explain it, I just can’t swallow without