Section 91-Federal Power Essay

A licensing committee voted 4-1 in favour of Ontario Premier Kathleen Wynne’s proposal of selling marijuana in only LCBO type shops that are government run. This comes in preparation of federal legalization of the substance by next year. The vote also renders Ontario responsible for covering any citywide costs that are in relation with ending the pot embargo and new legislative tools, which up penalties for illegal pot shop owners and establishments where the plant is smoked. Ontario is moving for the consumption of pot only to be legal in private homes. This creates an upset for the Marijuana community as smoking in areas where it has been legally consumed over the years will no longer be allowed.

After reading Chapter 16 I came to the conclusion that In Raich v. Ashcroft, the Ninth Circuit Court of Appeals agreed that the medical use of marijuana does not have any direct or obvious effect on interstate commerce; however, the U.S. Supreme Court beg to differ, the Supreme Court felt like that medical marijuana would have an effect on the interstate market for marijuana, so in 2005 the U.S. Supreme Court reversed the Ninth Circuit Court (which wasn’t right but they had the power to do so). In addition, the federal government had the power to prohibit the use of medical marijuana. The federal law enforcement is targeting individuals who seem clearly to be using marijuana for purposes other than medical treatment.

Additionally, analyses of current policy practices demonstrate a failure to achieve the set out goals of the Controlled Drugs and Substances Act (1996) in reducing the consumption of cannabis (Broughton, 2014). Instead, criminalization has created further social issues. For example, an increase in arrests under the Controlled Drugs and Substances Act (1996) has not led to a decrease in the use of marijuana, with around 60,000 Canadian arrested for simple possession every year. On the contrary, the number of distributors and consumers has only increased in recent years (Room et al., 2010, p.60). The experiences within Canadian courts also demonstrate the inefficiency of the current approach to cannabis. For example, the case of R. v. Malmo-Levine (2003) deals with the possession of marijuana. Malmo-Levine was charged with possession and trafficking of marijuana. He argued that the criminalization and punishment of possession of marijuana goes against his rights as stated by section 7 in the Canadian Charter of Rights and Freedoms. Section 7 of the Canadian Charter of Rights and Freedoms declares that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof

This court case took place in California and dealt with a federal issue. California passed a “compassionate use act” that allowed medical marijuana for use. The defendants were arrested under federal DEA laws but were compliant with the state laws. The defendant argued that congress had violated their interstate commerce authority. The issue was whether or not congress could regulate homegrown medical marijuana to be used at home. The law upheld yes, congress can regulate interstate actions where the behavior in a person could have an impact on commerce. The Federal government cannot distinguish from marijuana being grown in someones house and sold into interstate commerce. In order to fully regulate, congress must be able to control the marijuana grown in ones own home (Gonzales v

This case is another example of conflicting federalism. Once again, the federal government has stuck its nose in state business, or did they? In the case of John Coats versus Direct TV, after a very long wait, the Colorado Supreme Court issued a ruling on the topic of medical marijuana and employment practices. The court ruled against Coats who was fired for testing positive for marijuana at work. Although he was not on company time or property and marijuana is legal in Colorado, Coates still lost his case. The court ruled in favor of Direct TV stating that Coats’ actions were against the company’s employment policy.

Ever since Colorado first decriminalized cannabis for recreational use in 2012, the federal government has failed to intervene in the state’s marijuana policy. Now the states of Nebraska, Kansas, and Oklahoma have decided to take action into their owns and start a class action lawsuit against the state of Colorado. The states have decided to sue Colorado because marijuana that is legal in Colorado is being brought across state borders where marijuana is not legal causing the states to increase the policing of marijuana within their states. This paper will delve into the pros and cons of the lawsuit and explain why the state of Nebraska, as well as the other states, should just decriminalize marijuana in their

The purpose of this paper is to Advise Allan, Belinda and CareFree Pty Ltd as to the constitutional validity of the Medicinal Cannabis Act 2011 (Cth) (MCA) in terms of whether its provisions apply to them under the trade and commerce power s 51(i) and as to whether the MCEA (Medicinal Cannabis Export Authority) is constitutionally valid in light of the separation of judicial power doctrine. This paper begins by analysing the validity of MCEA. In doing so the paper not only confers to the characterisation of the laws under the trade and commerce powers of s 51(i), but also includes the implied incidental powers and the doctrine of principles of separation of judicial power. There after it advises Allan, Belinda and Carefree Pty

The powers that are extended to the federal government are collecting taxes, along with borrowing money. Regulate Commerce, Set rules for Naturalization and Bankruptcy. Regulate the value of coin money, provide Punishment for Counterfeiting, having Post Offices and Postal roads, promote copyright laws, having a Court system punish crimes at sea, declare war to maintain the army, navy, regulate the military. Letting our President use Militia for emergencies along with maintain State Militias. Govern the Capitol and U.S. Possessions. Finally, yet importantly making the Laws to carry out the duties for all of the above.

The Texas Governor’s formal executive powers differ from those of the president in many ways. The United states President 's formal powers are many, provided to the office by the Constitution. Though some formal powers mandate the approval of congress, they vastly expand the power and justify the importance of the office. The president is that of Commander and Chief of the armed forces and is the final authority in military matters and inevitably is responsible for the entire military.

Article II, Section IV of the United States Constitution states that: “The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Throughout the course of American history, past Presidents have committed actions that have brought up the discussion and even started the process of impeachment from holding office. In the chapter “Impeachment in the Constitutional Order” by Jeffery K. Tulis, he talks about the differences between the legalistic and political interpretations of impeachment and how to properly use the process in a successful manner. Tulis states “how and why the impeachment process, far from politically irrelevant, is a vital attribute of the theoretical architecture of a well- functioning separation of powers regime” (Tulis 229).

“Canada’s illegal marijuana industry has been valued at over $7 billion annually, with some estimating $21 billion” and Akpata also mentions that the war on drugs has cost over billions of tax money (14). Last, Akpata insists that “Canada is a marijuana exporting country and has some of the highest rates of consumption of marijuana on earth” (15). Akpata in his research mention that, “Colorado brings in roughly US$10 million per month from a marijuana tax—more than comes in from alcohol sales” (14), he suggests that if government legalize weed in Canada and put the tax on its sale then they will able to generate a huge amount of profit because Canada is the largest country of hemp consumers in the world. It is also estimated that “B.C. would reap $500 million a year in taxation and licensing revenues from a liquor-control-board style of government regulation and sale” (MacQueen 21). Furthermore, Macqueen in his research “predicts a $12-million saving in enforcement costs in the first year, rising to $40 million “as courts and prisons adapt to fewer and fewer violators.” It predicts combined savings and new revenue” will approximately save over $60 million of tax money in British Columbia and this figure will estimate to get double in 2017

The power of congress had gone over several things. I thought the major ones were, the expressed powers of money and commerce, the implied powers, and the non legislative powers.The expressed powers of money and commerce is talking about the purpose of having taxes and the limits on the power of them. The implied powers tells us about the war powers and other expressed powers. The last is the Non Legislative powers tell us about the impeachment of the president . The three main points i'll talk about will be the purpose of our taxes, other expressed powers, and impeachment.

Bicameral legislature is referring to a body of government that has two legislative houses or chambers. We have this for a historical, practical, and theoretical reason because “but a bicameral legislature provided the perfect opportunity for compromises- in fact, for the great compromises.” In the house of representatives, there are 435 members. The term is two years. The qualifications to be a member of the house are you must be twenty five, you must have been a citizen for at least seven years, and finally you must be at the time of the election of the state they represent.

Article 1, Section 8 of the U.S. Constitution outlines the powers granted to Congress are enumerated. The Congress of United States shall have the right to collect taxes, duties, and excises, and pay the debts of nation. Many of the powers outlined in the Constitution for Congress have been interpreted in a broad sense. This has allowed Congress the flexibility to determine which powers they shall enforce and emit others. The role of Congress has become more complex as it has seen a rise in special interest groups controlling their actions. Over the past ten years, Congress has received more attention from the citizens calming it is incompetent. However, even as citizens have grown to no longer support the actions Congress it plays an important

The focus of this paper was to research the federal, state, and local rules, regulations, laws, policies, and procedures pertaining to an oil spill. Oil spills can happen and asserting a plan of action and response will help minimize the impact and effects that can cause severe damage to property, businesses and the environment. One of the main agencies that react when an oil spill occurs is the Florida Department of Environmental Protection (FDEPA). Questions were asked and evidence from several sources was accessed to formulate answers. The research discovered fortified the thesis which confirms that there is various federal, state, and local policies and procedures in place in the instance an oil spill does occur.