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A Synopsis And Analysis Of Gonzalez V. Raich

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Rohith Rao Professor Kowal Legal Assignment # 1 2/13/15 Gonzalez v. Raich Synopsis and Analysis Introduction Gonzalez v. Raich was a major case that set a precedent for the constitutionality of the Controlled Substance Act as well as its federal jurisdiction. The defendants, Raich and Monson both suffer conditions that have granted them prescriptions for medical marijuana in the State of California. Raich purchases this marijuana from a grower and Monson grows her own plants. After examining the Controlled Substance Act (CSA), the court ruled that they can be federally prosecuted under the Commerce Clause as their actions can have a potential economic consequences. The majority of the court ruled on this favoring, however there are also …show more content…

Justice Scalia believed that the Commerce Clause is misleading and that Congress even has power to regulate intrastate activities that do not have an effect on interstate commerce. These powers derive from the Necessary and Proper Clause. Justice Scalia believes that these two clauses are distinct, however are commonly confused and overlapped. This overlapping is a result of the power to make regulation effective often pertains to economic activities as well. The justice believes that the CSA has constitutional grounds under the Commerce Clause as the market of Schedule I drugs is clearly under interstate commerce. However, the judge also believes that the statute already prohibits many intrastate and noneconomic rights with the notions of manufacture as well as simple possession. On the grounds of these intrastate activities being usually monitored by the state, Justice Scalia states that the CSA still has the scope to be implemented. Justice Scalia’s overall opinion comes down to the clause that should regulate this behavior and believes it is under the Necessary and Proper Clause. The rationale behind this is that it can regulate laws that “could be undercut.” He believes that the possession and cultivation is one step away from entering the market and without this legislation the regulation and control of interstate commerce could be

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