Wednesday, April 24, 2019
Supreme court cases and the concept of Federalism. How they relate to Essay
Supreme court showcases and the creation of Federalism. How they relate to the Federalists 10, 46 or 78 arguments - Essay ExampleRaich (2005), South Dakota V. Texas (1987) and Lawrence V. Texas (2003). Moreover, the discussion will also highlight how these cases relate to the Federalists 10, 46 or 78 arguments.The case of Gonzalez v. Raich (2005) is mainly related to the legal aesculapian usance of marijuana. In relation to this case, it can be ascertained that during the year 1996, California law passed the condole with Use Act, authorizing the use of marijuana for medical treatment. On the other hand, Controlled Substances Act (CSA) banned the use of the same. This difference in the viewpoints persisting between California law and CSA eventually led towards a conflicting situation. The major emersion, which emerged in relation to the case, is mainly determining whether Congress is having the power to regulate marijuana takings agreeable to the interstate commerce clause. Sp ecially mentioning, this case addresses the federalism concept in the form of witnessing the involvement of two federal government and individual states concerning the regulation of producing and consuming marijuana (Oyez, Inc., GONZALES v. RAICH).South Dakota v. Dole (1987) is related to the case wherein South Dakota sued district court against Dole and the US government in relation to the violation of class 158. This particular Section sets the constitutional limits on Congress regarding the power based on 21st amendment to the US constitution. In accordance with the South Dakota law, individuals aged 19 and above are permitted to buy beer having 3.2% alcohol. The case illustrates the struggle regarding the state and the power of federal government in relation to the implementation of a minimum deglutition usage. Again, the involvement of state as well as the federal government in this jurisdiction issue relates the aforesaid case with the concept of federalism (Thomson Reuter s, SOUTH DAKOTA v. DOLE, 483 U.S.
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