Gonzales v raich brief PDF

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Download Gonzales v raich brief PDF

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Title and Citation - Gonzales v. Raich 545 U.S. 1 (2005) Facts of the Case - Summary - Compassionate Use Act of 1996- CA med marijuana rights - Raich and Monson grew weed for medical problems (life threatening conditions and chronic spinal pain ) - Country deputy sheriffs came to house and said okay! - Federal drug agents came- seized & destroyed the plants - They sued Attorney General Alberto Gonzales and head of the US Drug Enforcement Administration - Lower Court - District said no - Court of Appeals said yes when used for intrastate medical use Legal Question - Does Congress’ authority to regulate interstate commerce extend to the regulation of instate use and production of medical marijuana? Holding - CSA is constitutional Reasoning ( original intent, precedent, text of the constitution, theory of federalism) - Congress can regulate local activities that have an effect on interstate commerce - High demand for marijuana so home-grown marijuana will inevitably cross state lines Prior cases - Justice Stevens - Wickard v Filburn, 317 U.S. 111 (1942) - Congress may regulate the amount of wheat that a farmer can produce for home consumption cuz it could affect interstate wheat prices - Home consumed marijuana has a substantial effect on the interstate supply of marijuana Separate Opinions - Concurring Justice Scalia - Congress may regulate in-state activities that don’t affect interstate through the necessary and proper clause - CSA allows congress to prohibit purely local activities - Dissent Justice Thomas - Raich and Monson were not using it as commerce → only for medical use - Regulation of manufacture and non commercial so not under congress’ authority - Dissent Justice O’Connor - This decision gives congress the power to improperly regulate any in-state activity its deems essential to the regulation of interstate commerce

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Congress has not yet found out if there would be an affect on commerce - Need to study first Critique and Analysis Notes - Protected fed gov ability to seize and destroy marijuana in all fifty states even if legal under state law - Expansion of commerce clause law to interstate activities Rational review - Court does not look to see in hindsight if congress was right - They did it in good faith...