Meet John Eastridge, Sentenced to six months local jail, his crime consisted of Rape, first degree sexual assault, and sex with a minor(“The Daily News”). Now meet Bernard Noble, sentenced to thirteen years to prison(“Drug Policy Alliance Highlights”). You’re asking yourself “what could mr Noble have done to receive such a disruptive sentence. Mr Noble’s “crime” was the possession of two marijuana cigarettes. This is the world we live in were rapists get a slap on the wrist compared the bludging
U.S. v. Lopez 514 U.S. 549 (1995), Vote of 5 to 4, Rehnquist for the court. Congress in 1990 enacted the Gun-Free School Zone Act, making it a federal offence to possess a firearm in a school zone. Congress relied on the authority of the Commerce Clause of the Constitution to justify passage of legislation as a way of stemming the rising tide of gun related incidents in public schools. In 1992 Alfonso Lopez, Jr. was a senior at Edison High School in San Antonio, Texas. Acting on an anonymous tip
In the U.S. Supreme Court case of U.S. v Lopez (1995), a twelfth grade boy, Alfonzo Lopez, brought a loaded .38 caliber firearm to his local Texas high school. After being reported to the front office, Lopez was questioned about the gun and openly admitted that the firearm was in his possession. Texas then convicted Alfonzo of a criminal statute, which prohibited the carrying of a gun on school grounds. However, the charges were dropped rather quickly when the United States Government charged Lopez
Also known as California Proposition 215, the Compassionate Use Act of 1996 made headlines around the country as the first law ever to change the legality of medical marijuana for public consumption statewide. Originating in San Francisco, it was passed by 55.6% of California voters on November 5, 1996 (Human Rights and the Drug War). The ideology behind passing Prop. 215 is that marijuana contains a number of legitimate medical uses and should be made available to those who would benefit from it
anything new, legislative wise, besides altering interpretations of previous court opinions on matters, such as the issues pertaining to the Railway Labor Act, nor did the act break the barriers of regulating what is not interstate commerce; making Wickard v Filburn so revolutionary, the regulation of what isn’t interstate commerce. Cushman believes that the Wagner act was not revolutionary, because the act itself was nothing special, besides being similar to the Railway labor act, years before, and allowing
was by a margin two votes short of the two-thirds majority needed to override a veto. The congressional bills are similar to a Nebraska law that was struck down by a five-justice majority of the U.S. Supreme Court on June 28 in the case of Stenberg v. carhart. After carefully examining that ruling, the leading sponsors of the bill decided that it would be more productive to focus on other pro-life bills for the remainder of this congressional session. (National Right to Life News, August 2000)
case Gonzales v. Raich shows lack of support for the advancement of marijuana on the federal level, other state cases such as California Proposition 215, which allows
One of them is the Supremacy Clause in Article VI. It states that the Constitution and federal laws are superior to any state laws and can override any state provisions or conflicts (Dautrich & Yalof, 2016). The 1816 Martin v. Hunter’s Lessee Supreme Court case has also established that states cannot interpret the Constitution and should adhere to the Supreme Court’s interpretation of it (Dautrich & Yalof, 2016). In this way, federalism exercises preemption, according to
government to regulate imports and exports with foreign countries as well as regulating trade throughout the states. Over time, this clause has increasingly been used to administer further power to the federal government. In 1942 with the case of Wickard v. Filburn, several Americans felt that it was a stretch for Congress to use this part of the constitution as a fair justification. Roscoe Filburn was penalized for violating the Agricultural Adjustment Act of 1938 by exceeding the wheat growth limits
To better understand the current political and social issues of marijuana in America it’s good to know the history. In 1619 legislation was passed requiring every farmer in America to grow the hemp plant for textiles. In the early years of American farmers were required to grow hemp. The versatile plant could be used to make sales for ships, rope, cloth and pulp for paper. While our founding fathers weren't sitting around smoking it some did write about growing it and was even used in Pennsylvania
There is a lot of controversy today over the legalization of Marijuana. Although there are some states in the United States that have legalized the recreational or medical use of it, there are some that are debating whether it is a good idea. The use of marijuana dates back to ancient times, and although some states seem to be benefiting from the legalization of it, others are hesitant. Marijuana has been used as an agent for achieving euphoria since ancient times. It has been described as a Chinese
increased child use, and misdemeanor within the law. The Supreme Court has begun to investigate cases of medical marijuana use. According to Reflections On Medical Marijuana Prosecutions and The Duty To Seek Justice, “ Just four years later, in Gonzales v Raich, the Court affirmed the federal government’s authority under the Commerce Clause to prosecute the non-commercial, intrastate cultivation and possession of medical marijuana” (Kreit, 2012). The Commerce clause regulates commerce with other nations