Presentation on theme: "Gonzales v Raich. Vocab words to know Commerce Clause – Congress has the right to regulate trade among the states Interstate Commerce – trade between/among."— Presentation transcript:
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?
California Law Compassionate Use Act 1996 Legal to use marijuana for medical purposes if the doctor says
Facts of the case Monson’s home gets raided. DEA decides drugs are legal under CA law
How does Raich fit in? Raich sues because she doesn’t want to get into trouble.
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.
Gonzales appeals because he wants Congress to have the power to regulate it.
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?
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?
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
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.
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.
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
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
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.