Gonzales sixth is v Raich circumstance brief

 Gonzales v Raich circumstance brief Essay

Brittany Assurer

Intro to Legal Principles

Prof. Morris

11 Sept. 2010 2010

Circumstance Brief – Gonzales v. Raich (2005)

Citation – Gonzales versus. Raich 545 U. T. 1 (2005 U. S. Sup. )

Judge – Scalia, M.

Case or Procedural History – Wickard v. Filburn decided that Congress can regulate strictly intrastate activity that is not alone " commercial”, or created for sale, whether it concludes that failure to regulate that category of activity would undercut the regulation of the interstate market in that community Information – Respondents, Raich and Monson, got both recently been prescribed medical marijuana. Equally need it at this point for daily function, Raich has a medical addiction. Monson grows her own cannabis. Federal Agents seized and destroyed her cannabis plants. Rule – Federal Controlled Substance Action prevents them from possessing, obtaining or perhaps manufacturing cannabis for their personal medical use. Issue – Congress' power to regulate interstate markets intended for medical substances encompasses the portions of the people markets which have been supplied with medications that are produced and consumed locally. Holding – Users of marijuana intended for medical purposes did not disobey the Trade Clause Thinking – Wickard, an extremely identical case, determines that Our elected representatives can regulate purely intrastate activity which is not itself " commercial”, or perhaps produced available, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate marketplace in that community. Gonzales and Wickard and similar in that they both are cultivating, for property consumption, and for which there in an interstate market. Criticism – Regulation is within Congress' commerce electricity because creation of the item meant for house consumption includes a substantial influence on supply and demand in the national market.