Alberto Gonzales

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…

During this semester, we have talked about numerous cases in lecture and in the readings that deal with commerce clause or have some ties to it. My paper and interpretations of the commerce clause come from the knowledge that I have gathered from lecture so far. The word commerce is controversial based on my interpretations of it. The Constitution does not explicitly define the word commerce just like the constitution does not define the word man when it comes to the requirements for running for…

Exam 1 Essay: the Commerce Clause Since it was first established in the Constitution, the commerce clause found in Article I, Section 8 has “permit[ted] Congress ‘[t]o regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes’” (Miller and Jentz 33). The real meaning of this, however, has over time, and through numerous cases changed. The one part which importance has probably changed the most, is the effects doctrine. According to Roger LeRoy Miller and…

I am Richard (Rich) Barker, I live in Granbury TX, just outside of Fort Worth. I have a passion for history and learning from scholars who provide both sides of an argument. To learn and understand our nation’s history and hopefully apply that knowledge in my future endeavors as a history teacher. Was the “Age of Jackson” truly the “Era of the Common Man?” This depends on your point of view. When viewing the ruling brought down from the courts during this time, not all of the common man…

National Association of Bros v. United States (2015) In The PLAY Act of 2015, Congress made it a federal offense “for individuals aged 18 through 35 to play video games for more than 8 hours per week” citing their Commerce Clause and taxing those who choose to play over the allotted 8 hours per week through their Taxing and Spending Clause. Although, Congress has passed many laws in the name of both the Commerce Clause and the Taxing and Spending Clause, we the court must define which activities…

substantial relation to interstate commerce… i.e., those activities that substantially affect interstate commerce.[Gilman, Graber, Whittington, 642]” The Case of “United States V. Lopez,” is directly referenced in another supreme court case, “Gonzales V. Raich (2005).” Gonzales V. Raich is a case that is directly related to the top of marijuana in the terms of interstate commerce, so it is extremely pertinent, and its outcome is also partially effected by the precedent set in a previously…

The question presented to the Supreme Court in Raich v. Gonzales is whether or not the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors prescribed to them medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Breyer’s strand of pragmatism. The premise of that approach is that the Constitution…

In his dissent in the Lottery Case, 188 U.S. 321 (1903), Chief Justice Fuller makes the assertion that “Our form of government may remain notwithstanding legislation or decision, but, as long ago observed, it is with governments, as with religions: the form may survive the substance of the faith.” Although at first Fuller’s comparison between governments and religions seems strange, upon closer examination the statement reappears as legitimate point. Essentially, to understand Fuller’s quote in…

Alberto Gonzalez an early advocate of the controversial USA Patriot Act. During Gonzalez' tenure the justice department and the Federal Bureau were accused of improperly, and perhaps illegally, us9ing the patriot act to uncover personal information about US citizens. raised the possibility that New York Times journalists could be prosecuted for publishing classified information based on the outcome of the criminal investigation underway into leaks to the Times of data about the National Security…

Before this ban passed with Congress, cases where medical providers and their clients were seeking to sue as it conflicted with the constitution like the Nebraska ban. Another case that opposed the federal Abortion Ban is Gonzales v. Carhart (2007) which shares the same issues as Gonzales v. Planned Parenthood (2007). After review of lower courts both cases has been reviewed by Supreme Court where the case where merged as one before a three judge panel. United States Court of Appeals for the…