Federalism and the Exercise of National Power
Federalism and the Exercise of National Power. Our federal government has many duties, obligations, and powers under the Constitution. Some scholars argue that the reach of the federal government should be limited and constrained. Other scholars argue that the federal government should not be constrained or limited where the welfare of the U.S. people is concerned. For example, in the case, Gonzales v. Raich, the boundaries of the federal government's definition of interstate commerce are in question. In this case, Drug Enforcement Agency (DEA) agents took marijuana plants from a woman's home in California under the Federal Controlled Substances Act. However, under California's Compassionate Use Act of 1996, the plants were allowed for medical use. For this discussion, address the following questions:
a. Does the federal government have the right to ban marijuana under the Commerce Clause of the U.S. Constitution?
b. Is this an overreach of the federal system, or is this effort in line with the duties and obligations of our central government described in the Constitution?