The Necessary and Proper Clause:
Is it Someone’s Opinion or What is Good for America? Throughout the history of America, a plethora of cases have passed through every court in the nation. Some cases arrive at a conclusion without needing the supervision of higher courts, but other cases make a statement that will resonate through similar cases in years to come. Once a court declares something legal or illegal, it becomes the standard against which another like case is compared. For this reason, the Constitution needed some leverage that would give courts the power to make their own decisions. This leverage is outlined in Article I, Section 8, clause 18, more commonly remembered as the Necessary and Proper Clause, a name that comes directly …show more content…
One court case utilizing the Necessary and Proper Clause is Gonzales v. Raich. In this case, Angel Raich fought for the legalization of medical marijuana. Raich suffered from various chronic illnesses. Her doctors tried numerous treatments in hopes that Raich would go into remission; however, their attempts were to no avail. The only hope that remained was for her to bring her concerns to the court so that she could possibly tolerate her illnesses with the help of an illegal drug used for medical purposes: marijuana. Raich had all of the medical support she needed to prove that it was necessary to her health, and only to be used as a last resort. The case jumped from court to court, until the Supreme Court finally reviewed it. After careful consideration, the Supreme Court decided that it was both necessary for Raich’s health and proper to legalize some use of medical marijuana under certain circumstances in California, citing that it would only be used for its medicinal purposes, as defined in one court’s statement that this problem was “‘different in kind from drug trafficking’ because interposing a physician 's recommendation raises different health and safety concerns, and because ‘this limited use is clearly distinct from the broader illicit drug …show more content…
Because the Necessary and Proper Clause allows judges the power to make reasonable decisions, other judges can use those decisions to their aid as well. If one judge declares something permissible, another judge may use the first judge’s declaration to answer his or her own case. Occasionally, a case may need to be taken to a higher court, but whatever court to which the case ends resolves the matter for the rest of the courts facing the same dilemma. Courts see more cases than one could ever imagine brought to them on a daily basis, and arriving at the correct decision is made easier with the help of the Necessary and Proper
Is it Someone’s Opinion or What is Good for America? Throughout the history of America, a plethora of cases have passed through every court in the nation. Some cases arrive at a conclusion without needing the supervision of higher courts, but other cases make a statement that will resonate through similar cases in years to come. Once a court declares something legal or illegal, it becomes the standard against which another like case is compared. For this reason, the Constitution needed some leverage that would give courts the power to make their own decisions. This leverage is outlined in Article I, Section 8, clause 18, more commonly remembered as the Necessary and Proper Clause, a name that comes directly …show more content…
One court case utilizing the Necessary and Proper Clause is Gonzales v. Raich. In this case, Angel Raich fought for the legalization of medical marijuana. Raich suffered from various chronic illnesses. Her doctors tried numerous treatments in hopes that Raich would go into remission; however, their attempts were to no avail. The only hope that remained was for her to bring her concerns to the court so that she could possibly tolerate her illnesses with the help of an illegal drug used for medical purposes: marijuana. Raich had all of the medical support she needed to prove that it was necessary to her health, and only to be used as a last resort. The case jumped from court to court, until the Supreme Court finally reviewed it. After careful consideration, the Supreme Court decided that it was both necessary for Raich’s health and proper to legalize some use of medical marijuana under certain circumstances in California, citing that it would only be used for its medicinal purposes, as defined in one court’s statement that this problem was “‘different in kind from drug trafficking’ because interposing a physician 's recommendation raises different health and safety concerns, and because ‘this limited use is clearly distinct from the broader illicit drug …show more content…
Because the Necessary and Proper Clause allows judges the power to make reasonable decisions, other judges can use those decisions to their aid as well. If one judge declares something permissible, another judge may use the first judge’s declaration to answer his or her own case. Occasionally, a case may need to be taken to a higher court, but whatever court to which the case ends resolves the matter for the rest of the courts facing the same dilemma. Courts see more cases than one could ever imagine brought to them on a daily basis, and arriving at the correct decision is made easier with the help of the Necessary and Proper