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Gonzales v. Raich
Transcript of Gonzales v. Raich
How is Federalism Involved?
Did it constitute a grant of power to the state or federal government?
In this case the final decision was an example of federalism revolution in which the national government was granted the ability to intervene in intrastate commerce if the product affected a national market.
Avgustina, Jethel, Abigail
Monday, June 06, 2005
Docket NO: 03 -1454
CSA vs. CUA
Issue: Legalization of Marijuana
When California passed the Compassionate Use Act in 1996, it legalized marijuana for medical use. However, it was in direct conflict with the Controlled Substances Act (CSA), which banned marijuana on a federal level.
Medical Marijuana users sued the CSA in federal court, saying that Congress is exceeding its power. Eventually the Ninth Circuit Court ruled the CSA unconstitutional.
Gonzales v. Raich
Articles of Confederation 1787
1. a. What were they? Why were they created?
The Articles of Confederation was the first written constitution of the United States. They were created in order to establish a form of government after liberating from Britain’s tyranny. They created a decentralized weak government that could even tax the states or control commerce.
b. Who gained power [National or State]
States gained power because since the nation was scared that a new central government would just turn oppressive like Britain, the Articles of Confederation were actually pretty flexible with the state’s requirements and abilities.
Marbury v. Madison →
In writing the decision, John Marshall argued that acts of Congress in conflict with the Constitution are not law and therefore are non-binding to the courts, and that the judiciary’s first responsibility is always to uphold the Constitution. If two laws conflict, Marshall wrote, the court bears responsibility for deciding which law applies in any given case. Increased federal power.
McCulloch v. Maryland
→ the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank. Necessary and proper, enumerated powers, supremacy clause. Increased Federal power
Gibbons v. Ogden
→ Gibbons v. Ogden, 22 U.S. 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation. Increased federal power
Civil War Era
a. Dred Scott decision (1857)
The decision was that a slave did not have the power to go to court. State powers increased as Congress declared that it was up to the states to decide if a slave was free or not.
b. How did the outcome of the Civil War shift power?
The outcome of the Civil War shifted power to the government as the States were more united.
c. Who gained power from the Civil War amendments (13, 14, 15)?
Previous slaves gained power and so did the national government. This is because they ruled over state’s decisions and forced rights.
FDR and the New Deal (1930s+)
a. what was it, who gained power from the programs? ... how?
These were a series of recovery programs after the Great Depression. The federal government gained power from this because there were a lot of national bank and social security related reforms.
b. Court Packing Plan
This was a decision to add more justices to the supreme court. National gained more power.
a. Republicans Nixon & Reagan/Devolution (what was it, who gained power, how?)
-During the devolution, the state governments gained power. Nixon gave power to the states by giving them grants and power over bureaucracies. Reagan gave block grants to the states, believing that the federal government should not have too much power over local issues.
b. Democrat Bill Clinton: Welfare Reform Act 1996 (what was it, who gained power, how?)
-This was a law that replaced the Aid to Families with Dependent Children program with block grants to the states. It also tightened Medicaid eligibility requirements. This gave more power to the states because they could now determine how to transfer people from welfare to work.
Federalism through the Years
This decision granted power to the federal government, stating that it had the right to regulate the local growth of marijuana because it affects the national market.