The Supremacy Clause : Conflict Between Federal And State Law

    The supremacy clause states that the United States Constitution, treaties, federal laws, and federal regulations are the supreme law of the land, if this didn’t exist then states would have more power over the federal government.

Since 1937, when the Marijuana Tax Act was passed, federal law has prohibited the medical and recreational use of Marijuana. This act banned its production and use in all states. In 2012, however, Colorado and Washington legalized recreational use of marijuana, becoming the first states to do so. This was a very controversial decision on the states’ part, and it created a debate between the two levels of government. The main cause was the issues of federalism and supremacy. While under the supremacy clause the federal government's law takes precedence to the state law, there is also a debate on which level of government, federal or state, should handle the issue of marijuana legalization. The complexity of federalism is shown very well here

The Supremacy Clause is a statement in the US Constitution that says that “the laws of the United States… shall be the supreme law of the land.” This was created to resolve any disputes among laws of the states and of the nation. The supremacy

Recreational marijuana legalization in Colorado, Washington, Oregon, and Alaska have, technically, broken federal law. As long as the federal government does not do anything about the state’s blatant disregard for higher law they can do what they want. I think that because state and federal law contradict at the moment there should be clarification. States should only be able to pass a law such as this if it is also legal on a federal level, but if there are no repercussions for violating federal law where does it end? Recreational marijuana is a state issue, in my opinion. If it is to be legalized in America at a federal level then each state should be allowed to choose their side. At this point, federal government is showing its cracks. 4 of our states are currently not obeying the Constitution; federal law trumps state law. Our government needs to pull itself together and start paying attention to what the states are doing.

Background: The Marijuana Tax Act of 1937 established the federal prohibition of marijuana. Dr. William C. Woodward of the American Medical Association testified against the Act, arguing that it would ultimately prevent any medicinal use of marijuana. The Controlled Substances Act of 1970 established five categories, or "schedules," into which all illicit and

Gonzales v. Raich was a landmark case which determined the extent that Congress could regulate marijuana usage in California. More precisely, the case involves deliberation between the constitutionality of the Compassionate Use Act, voted on by the state of California in 1996, and the Controlled Substances Act (CSA), passed by Congress in 1970. Does the CSA, a policy which permits the regulation of certain drugs and chemicals by the Drug Enforcement Agency (DEA), exceed the regulations set under the Commerce Clause of the Constitution? Does the Compassionate Use Act, which allows for the use of medical marijuana in California, protect citizen’s rights to use and distribute marijuana for medicinal purposes? The decision made by the Supreme Court would spark debate over these questions as well as similar topics such as federal abuse of power, doctor patient confidentiality, and the decriminalization of marijuana across America. In my paper, I will cover the events and influences leading up to the Supreme Court’s official decision, the significance of the outcome, and the questions and issues brought up in the aftermath of Gonzales v. Raich.

The Tenth Amendment states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states’, are reserved to the states’ respectively, or the people (List of Amendments to the United States Constitution). The Bill of Rights is a clear establishment of the restrictions on Federal authority. James Madison, along with numerous other framers, feared the monarchical powers. The framers fought against the tyrannical rule of the King, setting forth the foundation upon which the colonies designed their government and consequently led to the authoring and ratification of the Constitution. The US Constitution’s purpose can be said to have been to fill in the gaps of all the unenumerated powers of the states. This is where we begin to understand the confusion of two centers of power with sovereign authority. Which one leads the nation by authority? Or as I like to say, “which came first, the chicken or the egg?” The Supremacy Clause was set forth to dispel the issues that confuse us all between the federal law and state law. Article VI of the Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, and the judges in every

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

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.

3Answer: First allowed citizen to speak against the constitution, 10 amendment is reserved the right to the people

The supremacy clauses state that the constitution, federal laws, treaties and federal regulations are the supreme law of the land. The states laws that conflict with valid federal laws are considered unconstitutional. The Commerce Clause of the US constitution provides

As a result of the legalization of medical marijuana in certain states, the Obama Administration favored the states in which if an individual follows the state laws, the individual will not be prosecuted. This violated the Supremacy clause that puts the federal government as the supreme and dominates over the state laws since the use of medical marijuana was legalized in 18 states and the District of Columbia even though the federal law states that marijuana is an illegal drug.

Marijuana is a psychoactive drug made from the dried leaves and flowering parts of the hemp plant. It is one of the most strictly classified illegal drugs in the United States. Under the 1970 Controlled Substances Act, marijuana is listed as a Schedule I substance, which defines it as having 'a high potential for abuse'; and 'no currently accepted medical use.'; Marijuana is therefore classified more severely than cocaine and morphine, which as Schedule II drugs are also banned for general use, but can be prescribed by doctors. It is illegal to buy, sell, grow, or possess marijuana in the United States. Marijuana prohibition comprises a large part of the federal governments War on Drugs. Law enforcement officials made 600,000

The legalization of marijuana has been a debate in the public eye within the United States for quite some time now; however, as time progresses many states continue to pass legislation. As of, March 2017, 26 states and the District of Columbia have laws legalizing marijuana use in some fashion and 24 remaining states with pending legislation. Although states are in debate for legalization it remains that federal law still prohibits any form of usage, selling, or buying. Federal law supersedes state law on this issue as it is written, “Legalizing Marijuana: Why Citizens Should Just Say No” from the Legal Memorandum Published by the Heritage Foundation,

“When your conscience says law is immoral, don 't follow it.” (Washington v. Glucksberg, n.d) This line, originally from Jack Kevorkian seems to resonate deeply with the proponents of legalizing marijuana use, despite it originally referring to assisted suicide. The legalization of marijuana use had become one of the biggest hot button issues of the last decade, and is being fiercely debated across the United States. First made illegal in 1970 with the passing of the Controlled Substances Act, which declared it an addictive drug with no medical value, many are now fighting against this law, citing medicinal uses and an apparent lack of fierce addictiveness. Since 1996, 23 states have passed laws allowing for medicinal use of marijuana,