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Gonzales v Raich

Gonzales v Raich. Vocab words to know. Commerce Clause – Congress has the right to regulate trade among the states Interstate Commerce – trade between/among the states Intrastate Commerce – trade within the state

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Gonzales v Raich

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  1. Gonzales v Raich

  2. Vocab words to know • Commerce Clause – Congress has the right to regulate trade among the states • Interstate Commerce – trade between/among the states • Intrastate Commerce – trade within the state • Necessary and Proper Clause – Congress can do whatever is “Necessary and Proper” to carry out its duties • Federalism – the relationship between the fed and state government - who has what power?

  3. California Law • Compassionate Use Act 1996 • Legal to use marijuana for medical purposes if the doctor says

  4. Federal Drug Law • Contradicts California law

  5. Facts of the case • Monson’s home gets raided. DEA decides drugs are legal under CA law

  6. How does Raich fit in? • Raich sues because she doesn’t want to get into trouble.

  7. What does the lower court say? • Appeals court says localized growing and sharing under the care of a dr. was INTRASTATE commerce and Congress could NOT regulate it.

  8. Gonzales appeals because he wants Congress to have the power to regulate it.

  9. What is the issue? • Can Congress regulate INTRASTATE commerce? If so, when? • OR • Do federal drug laws exceed Congress’ Commerce Clause power when applying to INTRASTATE possession and use of medicinal marijuana under state law?

  10. Federalism Issue • It is an enumerated/delegated power that Congress gets to regulate INTERSTATE trade (it states it in the Constitution) • It is a reserved power (Amendment 10) that states regulate INTRASTATE commerce • So, what is this case? Are we dealing with enumerated or reserved powers?

  11. Arguments for Raich • This is completely INTRASTATE, Congress has no power under the Commerce Clause • Market – supply and demand – this is INTRASTATE, not part of the national market • This is non-economic – not a huge money making activity

  12. Arguments for Gonazales • Drugs – high potential for abuse and it is not acceptable for use as a medicinal treatment. • Congress passed a Controlled Substance Act , so it is within its power to regulate it. • Marijuana produced in CA could end up in the national market because demand will increase. This makes it INTERSTATE and therefore Congress can regulate it.

  13. Gonzales continued • Production, distribution, and possession effects INTERSTATE commerce; Congress can regulate it • There is a pill form that does not have all the excess chemicals • California says you can possess marijuana for medical purposes regardless if it has crossed state lines. Congress says AH-HA! It is now INTERSTATE Commerce.

  14. How did the Court rule? • In favor of Gonzales – Congress CAN regulate it. • If INTRASTATE commerce impacts INTERSTATE commerce, Congress can regulate it. • Use of medical marijuana would impact supply and demand; therefore Congress can regulate it • It is too hard to determine what is grown in CA and what is not

  15. Majority Opinion Cont… • Necessary and Proper Clause • The goal is to prohibit marijuana in INTERSTATE commerce • Congress needs to do whatever is necessary to help that happen

  16. Dissenters • Court is destroying Federalism • California voters voted to allow this, that is their right • This decision gives the government too much unchecked power. • Supposed to be a limited gov’t.

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