The federal 1970 Controlled Substances Act-among many other regulations-banned possession of marijuana. This law was passed under Congress's authority under
the Commerce Clause
. In Article I, Section 8 of the Constitution, he Commerce Clause gives Congress the power to “To regulate commerce… among the several states…”
What does the Commerce Clause do?
The Commerce Clause of the United States Constitution provides that
the Congress shall have the power to regulate interstate and foreign commerce
. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state.
What did the Supreme Court decide in the 2005 Reich case?
Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the US Constitution,
Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes
.
What is the Commerce Clause and why is it important?
The Commerce Clause serves a two-fold purpose: it is
the direct source of the most important powers that the Federal Government exercises in peacetime
, and, except for the due process and equal protection clauses of the Fourteenth Amendment, it is the most important limitation imposed by the Constitution on the …
What is an example of Commerce Clause?
United States (1905), for example, the Supreme Court held that
a price-fixing scheme among Chicago meat packers constituted a restraint of interstate commerce
—and was therefore illegal under the federal Sherman Antitrust Act (1890)—because the local meatpacking industry was part of a larger “current of commerce among …
Has Gonzales v Raich been overturned?
In its decision, the
Court overturned the Ninth Circuit Court of Appeals
ruling that the federal government could not enforce federal marijuana laws against the cultivation, possession and use of medical marijuana by the plaintiffs, Angel Raich and Diane Monson. … Gonzales v.
What was the Court's conclusion in the Gonzales v Raich case quizlet?
Ruling: The
court ruled that the Commerce Clause along with the Federal Controlled Substances Act could allow the federal government to preempt state laws legalizing the use of medical marijuana
. The ruling was 6-3.
What are the 4 limits on the commerce power?
Under the restrictions imposed by these limits, Congress may not use its commerce power:
(1) to regulate noneconomic subject matter; (2) to impose a regulation that violates constitutional rights, including the right to bodily integrity; (3) to regulate at all, including by imposing a mandate, unless it reasonably
…
Who is responsible for settling a conflict between two states?
Disputes between States decided by
the Judiciary
. The Constitution, as implementation through the Judiciary Act, provides for the judicial settlement of State disputes, thus retaining Stste sovereignty without necessitating homogenity under a centralized government with blanket powers of legislation.
What are the limits of the Commerce Clause?
The Commerce Clause is a grant of power to Congress, not an express
limitation
on the power of the states to regulate the economy. At least four possible interpretations of the Commerce Clause have been proposed. First, it has been suggested that the Clause gives Congress the exclusive power to regulate commerce.
What power does the Commerce Clause give the national government?
Overview. The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the
power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes
.
How did the Supreme Court interpret the Commerce Clause?
In a 5-4 decision, the Supreme Court rejected the first two arguments, but upheld the mandate on the third. In other words, the Court ruled that
the Commerce Clause did not give Congress the power to force Americans to buy health insurance
, but that the mandate was a constitutional use of its taxing power.
What is the last clause of Article 1 Section 8?
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
; but all Duties, Imposts and Excises shall be uniform throughout the United States; ArtI. S8.
What are some examples of the elastic clause?
Justice Marshall also held that while states do have the power to tax,
the Supremacy Clause of the Constitution reigns supreme, and that states do not have the authority to tax the federal government
. This is one of many examples of the Elastic Clause working in Congress' favor.
What is the supremacy clause in simple terms?
Article VI, Paragraph 2 of the U.S. Constitution
is commonly referred to as the Supremacy Clause. … It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government.
What is the necessary and proper clause in simple terms?
The Necessary and Proper Clause allows
Congress “To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States
, or in any Department or Officer thereof.” (Article I, Section 8, Clause 18).
