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Feature of federalism in the USA
Feature of federalism in the USA
Feature of U S federalism
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In the Supreme Court Case Gonzales v. Raich on June 6th, 2005, physician-recommended marijuana users Angel Raich and Diane Monson argued that the Controlled Substances Act (CSA) allowed the United States Congress to abuse the Constitution-granted power of the Commerce Clause (Rosenbaum). Consequently, Raich and Monson’s case contributed greatly to the debate of federalism under the United States law (Rosenbaum). As demonstrated by the Supreme Court case of Gonzales v. Raich, the role of the People is to notice a wrong in the government and attempt to make a change to better benefit the People, including either limiting or increasing the government. The Controlled Substance Act conflicted directly with California’s Compassionate Use Act that legalized medical marijuana (Oyez). According to Oyez, after federal agents from the Drug Enforcement Agency seized Raich’s and Monson’s marijuana from their respective homes, Raich and Monson “sued the DEA and U.S. Attorney General John Ashcroft in federal district court” (Oyez). At first, they lost at trial; however, 9th Circuit Court of Appeals supported their case, relying on two other Supreme Court cases that stopped Congress from interfering with local issues: U.S. v. Lopez and U.S. v. …show more content…
This conclusion demonstrates how federal law transcends intrastate law, at least through this case. Raich and Monson did not succeed in their plight to limit the federal law, but their attempt has become an example for others to look back upon when debating the conflict between federal law and state law. In this way, Raich and Monson represent the role of the People by taking action to change government and leaving enough impact for consideration in future government
The conceptual foundation of the U.S. Constitution is that there is a checks and balance system within the government that was developed to ultimately protect the rights of the people. In Pembaur v. City of Cincinnati (1986), there is an ongoing string of rulings from multiple appeals, for multiple rulings, that derived from a single case. What is interesting to note is that the original charge in the case is not the same charge for the most recent ruling. The actual case that is being heard in the Supreme Court is for civil damages. Although the law is being followed in allowing for the checks and balances to take place, the history of this case took place over a period of nine years from 1977-1986. One could question the efficiency of public administration in delivering a timely decision. As each case reached a ruling, another appeal needed to be submitted for the new justification of the ruling. Many different actions were submitted for review based on the different findings for each new ruling. A mentioned previously, this process was completed over a nine year period, and in accordance
In Yaqui Delgado Wants to Kick Your Ass by Meg Medina, neighborhoods symbolize limits that have to be overcome. On Piddy’s first day of her new school, when she steps into the cafeteria, she notices that there are different neighborhoods- the latin kids have a group of tables, as well as the asian kids, the black kids and the outcasts. In terms of geographical neighborhoods, Piddy’s friend Mitzi moves to get away from the bad neighborhood. Also, Yaqui, who bullies Piddy, lives in the Bland which is thought of as a neighborhood for nobodies.
Ferriss, Susan, Ricardo Sandoval, and Diana Hembree. The Fight in the Fields: Cesar Chavez and the Farmworkers Movement. New York: Harcourt Brace, 1997. Print.
Gwendolyn Brooks' "First fight. Then Fiddle." initially seems to argue for the necessity of brutal war in order to create a space for the pursuit of beautiful art. The poem is more complex, however, because it also implies both that war cannot protect art and that art should not justify war. Yet if Brooks seems, paradoxically, to argue against art within a work of art, she does so in order create an artwork that by its very recognition of art's costs would justify itself.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
In The Beast: Riding the Rails and Dodging Narcos on the Migrant Trail, Oscar Martinez comments on the injustices that occur while migrating from Central America. Central Americans are forced to leave their countries in fear of the inevitable consequences. The systematic abuse Central Americans endure while migrating is founded on that fear which results in more repercussions for migrants. The psychological effects of migrating is used by Martinez to give insight on the atrocities that happen in Central America. The corruption involved while migrating in Central America is against human rights and should be brought immediate attention internationally. Martinez uses the experiences of migrants to expose Mexico’s passivity on the subject and to expose readers’ to the hard truths that occur while migrating.
The Supreme Court reversed the decision concluding that Smith et al. were using their religious beliefs and the First Amendment to condone their illegal drug use. In addition the Justices expressed the view that the law applied to the general public, not to just one religious group. Therefore, in a 6-3 decision, the Supr...
Abramsky then goes on to discuss in the article how liberal politicians, Betty Yee and Tom Ammiano, are pushing for a bill to change the drug laws and legalize marijuana. Yee wants to excise “fees on business owners applying for marijuana licenses, impose an excise tax on sellers and charge buyers a sales tax” and if that is done the right way, she believes that the state could gain “about $1.3 billion a year” Timothy Lynch, writing in the conservative magazine the National Review, writes about how the drug war has not made very much progress and has essentially failed. Lynch writes about how voters in California, Arizona, Oregon, Washington, Nevada, Alaska, and Maine that have rejected ideas to improve the war on drugs and instead they “approved initiatives calling for the legalization of marijuana for medicinal purposes” (40). Lynch also writes that “the supply of drugs has not been hampered in any serious way by the war on drugs” (41).
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
The controversy of legalizing marijuana has been raging for quite a while in America. From some people pushing it for medical purposes to potheads just wanting to get high legally. Marijuana has been used for years as a popular drug for people who want to get a high. All this time it has been illegal and now it looks as if the drug may become legal. There has been heated debate by many sides giving there opinion in the issue. These people are not only left wing liberals either. Richard Brookhiser, a National Review Senior editor is openly supportive of medical marijuana yet extremely conservative in his writing for National Review (Brookhiser 27). He is for medical marijuana since he used it in his battle with testicular cancer. He says "I turned to [marijuana] when I got cancer because marijuana gives healthy people an appetite, and prevents people who are nauseated from throwing up. "(Brookhiser 27) Cancer patients are not the only benefactors from the appetite enhancer in marijuana, but so are any other nauseous people. Arizona and California have already passed a law allowing marijuana to be used as a medicinal drug. Fifty Six percent of the California voters voted for this law. "We've sent a message to Washington," says Dennis Peron. "They've had 25 years of this drug was, and they've only made things worse." (Simmons 111) The Arizona proposition garnished an even wider margin of separation between the fore's an against in a sixty five percent support tally. Ethan Nadelmann insists that " these propositions are not about legalization or decriminalization. They're about initiating some non radical, commonsense approaches to drug policy." General Barry McCaffery disagrees saying, "I...
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
Cannabis, since its discovery, has been used for recreational and medical purposes. It was seen as a drug that was “safe” and did put the body at risk but benefited it. However, this is not the case anymore because the government under I Controlled Substances Act (CSA) of 1970 law banned the use of the narcotic and has the right to persecute anyone who attains the substance. Nonetheless, the question is not whether the drug is “safe” to use but whether the States should have the power to regulate marijuana or the federal government should continue having the control over the drug. Since 1996, 23 states including Washington D.C have passed laws that have legalized the medical use of marijuana, yet the federal government does not protect or even recognize the rights of users or possessors. The debate over marijuana has picked up momentum and many would agree that all this uprising conflict can be traced back to the constitution and the flaws it presents. The constitution is blamed for not properly distributing the States and Federal powers. Although the federal government currently holds supremacy over marijuana, States should have the power to regulate the drug because under the 10th amendment the federal government only has those powers specifically granted in the constitution, Likewise the States have the right to trade within their own state under the Commerce Clause.
Gray, Judge James P. Why Our Drug Laws Have Failed and What We Can Do About
Legalization of Marijuana has quickly become a controversial issue in America. In the United States, legalization of marijuana for medicinal purposes is spreading to the state level. For example, in November 1996, the people of California and Arizona voted to legalize marijuana for medicinal reasons. As a result of Proposition 215 in California, patients now smoke marijuana provided their physician recommends its usage. A prescription is not required, and marijuana continues to be illegal to prescribe. The Clinton administration responded that it “would not recognize these decisions, and would prosecute physicians who recommend or provide marijuana to their patients.” Although California and Arizona are the only two states to have already passed laws regulating marijuana usage, twenty-six states and the District of Columbia have laws and resolutions regarding marijuana usage. These laws and resolutions range from establishing therapeutic research programs, to allowing doctors to prescribe marijuana, to asking the federal government to lift the ban. Despite the states’ desires to have marijuana legalized for medicinal purposes, the US National Institutes of Health examined all existing clinical evidence about smoked marijuana and concluded that, “There is no scientifically sound evidence that smoked marijuana is medically superior to currently available therapies.”
Despite the 1976 ruling by the federal government that marijuana has “no acceptable medical use”, sixteen states have passed medical marijuana laws that allow for patient use o...