Marijuana Use in "Gonzales v. Raich" Argumentative Essay

Marijuana Use in "Gonzales v. Raich"
An argument supporting the defense of Raich in the case "Gonzales v. Raich".
# 149268 | 1,895 words | 5 sources | MLA | 2011 | US
Published on Dec 03, 2011 in Criminology (Drugs Enforcement) , Law (General)


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Description:

The paper describes the case where Monson and Raich filed suit against Attorney General John Ashcroft for a preliminary injunction against the enforcement of the Controlled Substances Act (CSA). The paper outlines the background and facts of the case and explains the four grounds that provides a defense for the appellee. The paper focuses on two issues; the fact that the CSA mangles the interstate commerce clause, and that enforcement of the CSA encroaches on powers delegated to the states alone. The paper details the argument and reaches the conclusion that it would be against the spirit of experiment and against the constitutional freedom of the state to attempt to violate or supersede California's marijuana legislation.

Outline:
Procedural History
Facts of Case
Summary of Argument
Argument
Conclusion

From the Paper:

"In article I section VIII, Clause III of the constitution we find the Commerce Clause, which states that congress is empowered "To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes" (2). Precedence is readily available supporting the contention that the CSA cannot be used to regulate the intra-state and non-commercial activity of California's medical marijuana users without distorting aforementioned Clause. For instance, in Wickard v. Filburn, 317 U.S. 111, the court ruled that a small harvest for personal use did not fall under the powers provided by the Commerce Clause. Let's consider why this is the case. First, the word "commerce" implies commercial activity. This is pretty much self-evident--one need not be a linguist to see the immediate etymological kinship. Not only is the marijuana in question not being sold, bought, or used as a monetary placeholder--in other words not only is this marijuana wholly non-commercial in nature--it isn't in any sense interstate. "Among the states" makes clear the intention of our founders to delimit federal power specifically to the regulation of commercial activity BETWEEN states--where indeed only a federal government could ably act as a mediatory force. However in the case before us there is no indication whatever that Raich and Monson, in seeking to treat their personal medical ailments within their own Californian domiciles, were engaged in anything, directly or indirectly, of an interstate nature."

Sample of Sources Used:

  • http://www.bc.edu/bc_org/avp/law/lwsch/journals/bclawr/41_3/06_FMS.htm
  • http://www.usconstitution.net/const.html
  • http://www.webmd.com/pain-management/news/20100218/medical-marijuana-has-merit-research-shows
  • http://www.deadiversion.usdoj.gov/21cfr/21usc/812.htm
  • http://yalelawjournal.org/the-yale-law-journal/content-pages/the-states-as-laboratories-of-statutory-interpretation:-methodological-consensus-and-the-new-modified-textualism/-of-statutory-interpretation:-methodological-consensus-and-the-new-modified-textualism/

Cite this Argumentative Essay:

APA Format

Marijuana Use in "Gonzales v. Raich" (2011, December 03) Retrieved August 10, 2022, from https://www.academon.com/argumentative-essay/marijuana-use-in-gonzales-v-raich-149268/

MLA Format

"Marijuana Use in "Gonzales v. Raich"" 03 December 2011. Web. 10 August. 2022. <https://www.academon.com/argumentative-essay/marijuana-use-in-gonzales-v-raich-149268/>

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