Read: Gonzalez v. Raich (2005)
a. What are the sources of law discussed by the Justices?
b. How did the Justices apply the concepts of stare decisis and precedent?
c. How did the Justices use the facts established in the trial court to support their opinions?
d. How did the Justices interpret and apply the Commerce Clause to regulate the use of marijuana in California for medicinal purposes.
e. What ethical considerations if any were given by the Justices in their opinions? f. Applying critical thinking, how would you decide the case?
Read: Lopez, Morrison and Raich: Federalism In The Rehnquist Court
1. What does the author say about federalism and the Supreme Court’s interpretation and application of the Commerce Clause to interstate and intrastate commerce? Do you agree or disagree with the author’s view point?
2. What does the author say about the Supreme Court’s interpretation and application of the Commerce Clause prior to Lopez and Morrison to regulate business and non-business activities?
3. What does the author say about the U.S. Supreme Court’s interpretation and application of the Commerce Clause in Lopez and Morrison to regulate non-business activities?
4. How did the Supreme Court’s interpretation and application of the Commerce Clause change in its decision in Raich after Lopez and Morrison?
5. Applying critical thinking and analysis (See Appendix 1A), discuss whether you agree with the U.S. Supreme Court’s determination to apply the rational basis test in Raich but not in Lopez and Morrison.