Pace University Michael Khoo LAW 101 Gonzales v. Raich(545 U.S. 1 (U.S. Sup. Ct. 2005)) I. FACTS Angel Raich and Diane Monson (plaintiffs) suffered from serious medical conditions and the only effective treatment was the use of Marijuana which was recommended by the doctors. In 1996‚ a California statue‚ under the name of The Compassionate Use Act‚ was established to legally allow marijuana to be used only for medicinal purposes. Monson cultivated her own Marijuana for her
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GONZALES V. RAICH‚ 545 U.S. 1 (2005) 352 F.3d 1222 Facts: Respondents contended that California’s Compassionate Use Act of 1996 exempted physicians‚ patients and care givers from criminal prosecution and allowed for the possession and cultivation of marijuana for medical purposes with the recommendation and approval of a physician. Respondents who suffered from medical conditions sought to avail themselves of this exemption. Because the Controlled Substances Act (CSA) enacted under the
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U.S. v. Lopez 514 U.S. 549 (1995)‚ Vote of 5 to 4‚ Rehnquist for the court. Congress in 1990 enacted the Gun-Free School Zone Act‚ making it a federal offence to possess a firearm in a school zone. Congress relied on the authority of the Commerce Clause of the Constitution to justify passage of legislation as a way of stemming the rising tide of gun related incidents in public schools. In 1992 Alfonso Lopez‚ Jr. was a senior at Edison High School in San Antonio‚ Texas. Acting on an anonymous
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U On May 15‚ 2000‚ the United States Supreme Court held that a portion of the federal Violence Against Women Act (VAWA) was an unconstitutional exercise of congressional power. The holding of this case and the unconstitutionality eventually resulted in the “freedom” of Antonio J. Morrison‚ who evaded charges under the act that would provide a victim‚ Christy Brzonkala‚ of gender-motivated violence a cause of action against the perpetrator for the recovery of compensatory and punitive damages. This
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Gonzales v. Raich In the case of Gonzales v. Raich‚ the Supreme Court made a judgment that affected the California users of medical marijuana. Under a law the federal Controlled Substance Act‚ marijuana is a schedule one controlled substance‚ however under a 1996 state California law‚ marijuana is legalized for usage for people who have a prescription from a doctor for medical usage. When the federal Drug Enforcement Administration enforced the CSA by destroying one of the defendant’s marijuana
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In the case Gonzales v. Raich‚ Angel Raich‚ which is from California‚ was charged with home-grown‚ non-commercial use of medical marijuana. Raich has inoperable brain tumor‚ seizures‚ and chronic pain disorders. Raich has been prescribed medical marijuana 5 years before the cases even came up in court. Raich has to depend on 2 caregivers to grow the medical marijuana for her because of her condition. Before Gonzales v. Raich case came up‚ California passed the Compassionate Use Act in 1996. With
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the United States v. Lopez‚ United States v. Morrison et. al. and Gonzales v. Raich provide examples of the limits of the federal government. This case discussion first touches on the Supreme Court’s position regarding the Commerce Clause before the Lopez and Morrison cases. Afterwards‚ the Lopez and Morrison cases undergo an examination in an attempt to explain soon afterwards the reasoning the decision behind the Gonzales v. Raich case. Prior to Lopez‚ Morrison and Gonzales The Commerce Clause
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of things because even though he is only one person who possesses only one firearm‚ this could lead to other people possessing machine-guns locally with the intent to use the gun to harm others or themselves. The decisions in Wickard v. Filburn and Gonzales v. Raich make the possession of the gun by Mr. Roberts very significant in the grand scheme of things. Regardless of the morality of allowing an individual to build guns locally‚ it is still illegal to build such a gun for personal use because
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Patients‚ medical practitioners‚ citizens‚ lawyers‚ politicians‚ and lobbyists‚ to name a few‚ have joined the processes of deliberation and legislative activism; some advocate for the primacy of patient rights‚ while others stress points of medical research‚ state oversight‚ or federal supremacy. These points of advocacy intertwine‚ overlap‚ and inherently conflict‚ and‚ as such‚ legislative measures intended to resolve the debate seem only to inflame it. While state-based legislation‚ in places like
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Pike v. Aurora The issue at hand in this case is whether or not the town ordinance is constitutional. To determine this‚ there are a number of questions that must be asked and laws that must be examined. The first step in determining the constitutionality is knowing and understanding the enumerated powers given to congress under the constitution. Enumerated powers are specific powers listed in the constitution that congress can exercise. If a power is not specifically listed in the constitution
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