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has the power to regulate interstate commerce, but the states have the authority to regulate intrastate commerce. This division of power ensures that the government is not too centralized and that the states have a degree of autonomy. Additionally, it allows for experimentation and diversity in policy-making, as states can implement their own laws and regulations. Overall, federalism has been a crucial aspect of American government since its inception, and it continues to shape the political landscape today. For Angel Raich, a woman living in excruciating pain due to an inoperable brain tumor, marijuana is a lifesaver, and she vows to never stop using it. In the state of California, Raich is within her rights to grow and consume the substance to promote her personal well-being. However, California's law conflicts with the federal Controlled Substance Act (CSA), causing opposition. Hence, the DEA was able to lawfully confiscate Raich's medication. In retaliation, a group of Raich's fellow cannabis users joined together to sue the DEA and the U.S. District. To illustrate, the court ruled that it was necessary for the Federal Government to regulate intrastate pollution for the benefit of the nation. However, since Raich associates her healthcare with the case, further action needs to be taken in the form of a CSA revision. Specifically, the removal of marijuana from the list of Controlled Substances is required. With marijuana extracted from the list, society will begin to see greater freedom in their daily lives, opportunities arising in the medical field, and economic expansion due to the introduction of a new industry.
Despite American government being characteristically dominated by cooperative feudalism, there is a persistence of national supremacy elements, state’s rights, and dual fideism. The current situation can, therefore, be regarded as balanced federalism. A cooperative relationship between state government and the national government is specifically rooted in a transfer of payments done from the national government to government in lower levels, which is referred to as fiscal feudalism (Bednar, 2009). There are mainly two types of grants which are block grants and categorical grants. This is a federal aid which is spent by states within a given policy area, although with much state discretion. General revenue sharing (GRS) was used back in the 1970s and 1980s. GRS awarded the state maximum control over policies, but gaining political support was difficult for them.
On September 28, 1787 Confederation Congress sent out the draft of the Constitution. This was the first time in history for the people to debate, discuss, and decide with a vote for how they wanted to be governed. There were two groups that debated the thought of the Constitution. They were called Federalists and anti-Federalists.
This passage places emphasis on one of the three arguments James Madison makes in Federalist 10. Madison explicates the deficit of factions specifically factions that could cause nothing but “mischief” for the United States. In this particular passage, he explains how factions are inevitable in our country, however, controlling the effect of factions would diminish their “mischievous impact.” Thus, prohibiting factions assists in reducing the probability of “[a] weaker party or an obnoxious individual” from gaining power over the minority. These smaller factions that Madison hopes to avoid are a direct result of “pure democracy” that he accounts as have “general[ly]…short in their lives as they have been violent in their deaths.” Therefore, this particular fragment from federalist 10 serves as the precedent to the introduction of a mixed Constitution of a democracy and republic, in this case, a large republic.
During the duration of this paper, I will discuss an issue that has been controversial for over a century; prohibition and how it has effected, currently effects, and will, most likey, continue to effect American society. The aspects that I choose to address from this issue are political, historical, they make you wonder, and they should effect anyone who reads this paper. For decades, the American government has had a restriction or ban on drugs and alcohol. Also for decades, these restrictions have been met with resistance from our society. In the early twentieth century, from 1920 through 1933, it was the prohibition of alcohol. A corrupt time, in which, so called, "criminals" and law makers both manufactured and sold bootlegged alcohol. There was high demand then and everyone was in it for the money, everyone. A time which proved to be a failed attempt by the government to take away what is now one of the United States' top commodities. During the 1970's President Richard Nixon started an ongoing "war on drugs" and every president since Nixon has continued this fight to, somehow, rid the entire country of illicit drugs. Today, a few states have taken a new approach to one of these drugs and eyebrows are being raised to the war on drugs all together. States, such as, California, Washington, and Calorado have loosened their tight grip on prohibiting marijuana and even have medical marijuana dispenseries. This idea has been proven to have boosted those economies, and it has allowed people with cancer to use a medication that actually gives them comfort. However, marijuana is still illegal. Why would we restrict the nation from something that beneficial...
Federalism was majorly influenced by Alexander Hamilton, who was the dominant author of the Federalist Papers. Hamilton did not want to repeat the mistake that Great Britain made and believed that spreading the power to multiple sources of government, along with checks and balances would abolish tyranny. Furthermore, it would aid the people to be heard and their concerns to be resolved faster and with attention from their government. Federalism is when a nation has two sources of government instead of one, the two levels are national and state/local. Similar to many American qualities, having a federal government has its advantages and disadvantages. Three positive factors of federalism are that there is a more orderly system to dispute and
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...
Lately it seems that drug policy and the war on drugs has been in the headlines quite a lot. It is becoming increasingly apparent that the policies that the United States government takes against illegal drugs are coming into question. The mainstream media is catching on to the message of organizations and individuals who have long been considered liberal "Counter Culture" supporters. The marijuana question seems to be the most prevalent and pressed of the drugs and issues that are currently being addressed. The messages of these organizations and individuals include everything from legalization of marijuana for medical purposes, to full-unrestricted legalization of the drug. Of course, the status quo of vote seeking politicians and conservative policy makers has put up a strong resistance to this "new" reform lobby. The reasons for the resistance to the changes in drug policies are multiple and complex. The issues of marijuana’s possible negative effects, its use as a medical remedy, the criminality of distribution and usage, and the disparity in the enforcement of current drug laws have all been brought to a head and must be addressed in the near future. It is apparent that it would be irresponsible and wrong for the government to not evaluate it’s current general drug policies and perhaps most important, their marijuana policy. With the facts of racial disparity in punishment, detrimental effects, fiscal strain and most importantly, the history of the drug, the government most certainly must come to the conclusion that they must, at the very least, decriminalize marijuana use and quite probably fully legalize it.
Ever since marijuana’s introduction to the United States of America in 1611, controversy of the use and legalization of the claimed-to-be Schedule I drug spread around the nation. While few selective states currently allow marijuana’s production and distribution, the remaining states still skepticize the harmlessness and usefulness of this particular drug; therefore, it remains illegal in the majority of the nation. The government officials and citizens of the opposing states believe the drug creates a threat to citizens due to its “overly-harmful” effects mentally and physically and offers no alternate purposes but creating troublesome addicts hazardous to society; however, they are rather misinformed about marijuana’s abilities. While marijuana has a small amount of negligible effects to its users, the herbal drug more importantly has remarkable health benefits, and legalizing one of the oldest and most commonly known drugs would redirect America’s future with the advantages outweighing the disadvantages.
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.
Federalism is the power of a country, divided between the state and federal government. Federalism was not included in the articles of confederation, which left the states with all of the power. Federalism was chosen in the United States because the U.S. wanted there to be more control in the National Government. The U.S. State government wanted to keep some of the power, so federalism was a good system of government to choose from because they got to split the powers between them. Federalism has many benefits in California.
Why should we question our government? Why should we doubt the decision that was taken for the better of the people years ago? Before federalism was even considered did we not have an anti federalist government? Did we not try to make it work? If anti-federalism is for the better of the people why did we feel the need to question it? Why did we feel the need to change it? The answer to all of these questions is simple. Anti-federalism is not and will never be for the better of the states, but most importantly it’s not for the better of the people as a whole.
In determining the ethicality of legalizing marijuana, it is necessary to understand the background of the issue, and to identify the most important stakeholders. In the 1930s, many states began outlawing the substance; ironically California was the first of these states (Rendon). In 1937, the federal government outlawed the substance, which pushed the growth and sale underground (Rendon). In 1970, President Nixon declared the substance a Schedule I Substance, which indicates that the substance has “a high potential for abuse” and “no currently accepted medical use” (Controlled Substances Act). The federal government has specified that for marijuana to have an accepted medical use, it must “be subjected to the same rigorous clinical trials and scientific scrutiny that the Food and Drug Administration (FDA) applies to all other new medications” ("Answers to Frequently Asked Questions about Marijuana"). There are numerous stakeholders in an ethical dilemma of this magnitude, which...
Federalism, by definition, is the division of government authority between at least two levels of government. In the United States, authority is divided between the state and national government. “Advocates of a strong federal system believe that the state and local governments do not have the sophistication to deal with the major problems facing the country” (Encarta.com).
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...
Federalism is a legal concept that is centered around the concept that law is best handled as a two layered responsibility. Federalism is also built on a belief that sharing power with the local government is key to a successful governance. According to the text book, “the United States was the first nation to adopt federalism as its governing framework” (pg83). The following are a few examples of some advantages, as well as disadvantages of Federalism.