The Constitutional Laws Of The United States Government Essay

The Constitutional Laws Of The United States Government Essay

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In order to ensure that the United States government would possess the power necessary to enforce Constitutional laws while simultaneously limiting its grasp, the Founding Fathers coined the system of federalism. This system delegates the responsibilities of governing a nation to both the federal and state governments. Notably, this arrangement does not make the two balanced in power. In fact, the Constitution granted the Federal Government superiority over all state governments via the Supremacy Clause; but, according to the tenth amendment, this is only true for matters which are explicitly expressed in the Constitution. Consequently, this provision deems any other affairs to be the concern of the states. For example, the Federal Government is the oversight for all operations spanning more than a single state. On the other hand, the states were reserved the right to oversee activities practiced within their own borders on the account of the Constitution lacking specificity.
Because both levels of government overlap in territory, controversy may ensue when either level oversteps their respective boundaries. As a means for control, the Supreme Court has the power to interpret the Constitution and determine whether the federal and state governments are operating judiciously. If either of their actions are found to be unconstitutional, the court is able to rescind any acts on their behalf. An instance demonstrating this clash of government is 2005’s Gonzales vs. Raich.
In 1996, California passed its Compassionate Use Act (CUA), which authorized the consumption of marijuana for medicinal purposes. For Angel Raich, a women living in excruciating pain because of an inoperable brain tumor, marijuana is a lifesaver and she vows to neve...

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...ble that the Supreme Court is consistent in its rulings, they should be able to recognize the need for a reform when a law, whose purpose is to elevate the quality of life, ends up diminishing it instead. Though Raich’s endeavors to maintain this quality were praiseworthy, they were ultimately futile. For one thing, her main argument concentrated on limiting the power of the Federal Government rather than basing her defense upon the health issues involved. In addition, should the court have granted Raich and other Californians the right to medicinally use marijuana, it would have initiated a ripple effect of supply and demand nationwide, thus, affecting interstate commerce. If this chain of events were to happen while marijuana is still on the Controlled Substance list, Raich would be back in the same situation, fighting to reduce the power of the Federal Government.

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