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Gonzales V. Raich
''Gonzales v. Raich'' (previously ''Ashcroft v. Raich''), 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.. Background California voters passed Proposition 215 in 1996, legalizing the use of medical marijuana. The Federal government of the United States has limited the use of marijuana since the Marijuana Tax Act of 1937 was enacted. Defendant Angel Raich used homegrown medical marijuana, which was legal under California law but illegal under federal law. On August 15, 2002, Butte County Sheriff's Department officers and agents from the federal Drug Enforcement Administration destroyed all six of California resident Diane Monson's marijuana plants, facing light resistance. The marijuana plants were illegal Schedule I drugs under the federal Controlled Substances Act (C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alberto Gonzales
Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General, appointed in February 2005 by President George W. Bush, becoming the highest-ranking Hispanic American in executive government to date. He was the first Hispanic person to serve as White House Counsel. Earlier he had been Bush's General Counsel during the latter's governorship of Texas. Gonzales had also served as Secretary of State of Texas and then as a Texas Supreme Court Justice. Gonzales's tenure as U.S. Attorney General was marked by controversy regarding warrantless surveillance of U.S. citizens and the legal authorization of enhanced interrogation techniques, later generally acknowledged as constituting torture, in the U.S. government's post- 9/11 "War on Terror". Gonzales had also presided over the firings of several U.S. Attorneys who had refused back-channel White House directives to prosecute political enemies, allegedly causing the office of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comprehensive Drug Abuse Prevention And Control Act Of 1970
The Comprehensive Drug Abuse Prevention and Control Act of 1970, , is a United States federal law that, with subsequent modifications, requires the pharmaceutical industry to maintain physical security and strict record keeping for certain types of drugs. Controlled substances are divided into five schedules (or classes) on the basis of their potential for abuse, accepted medical use, and accepted safety under medical supervision. Substances in Schedule I have a high potential for abuse, no accredited medical use, and a lack of accepted safety. From Schedules II to V, substances decrease in potential for abuse. The schedule a substance is placed in determines how it must be controlled. Prescriptions for drugs in all schedules must bear the physician's federal Drug Enforcement Administration (DEA) license number, but some drugs in Schedule V do not require a prescription. State schedules may vary from federal schedules. The Controlled Substances Act (CSA), Title II of the Compr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wickard V
Claude Raymond Wickard (February 28, 1893 – April 29, 1967) was a Democratic politician who served as the Secretary of Agriculture during the administrations of Presidents Franklin D. Roosevelt and Harry S. Truman from 1940 to 1945. Biography Wickard was born on his family farm in Carroll County, Indiana, near Camden, on February 28, 1893. He was born to Iva Lenora (''née'' Kirkpatrick) and Andrew Jackson Wickard. He graduated from Purdue University in 1915 with a bachelor's degree in agriculture, and he was chosen as "Master Farmer of Indiana" in 1927 for his improvements in stock feeding and farming. He was elected from the Indiana Senate in 1932, and was appointed as Undersecretary of Agriculture. When Henry A. Wallace resigned as the Secretary of Agriculture in September 1940 to run for Vice-President in the 1940 presidential election, Wickard was appointed to the post. He was on the winning side in ''Wickard v. Filburn,'' in which the US Supreme Court decided in a c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Deal
The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Conservation Corps (CCC), the Works Progress Administration (WPA), the Civil Works Administration (CWA), the Farm Security Administration (FSA), the National Industrial Recovery Act of 1933 (NIRA) and the Social Security Administration (SSA). They provided support for farmers, the unemployed, youth, and the elderly. The New Deal included new constraints and safeguards on the banking industry and efforts to re-inflate the economy after prices had fallen sharply. New Deal programs included both laws passed by Congress as well as presidential executive orders during the first term of the presidency of Franklin D. Roosevelt. The programs focused on what historians refer to as the "3 R's": relief for the unemployed and for the poor, recove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with fed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Randy Barnett
Randy Evan Barnett (born February 5, 1952) is an American legal scholar. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney's Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School. Barnett's publications includes eleven books, more than one hundred articles and reviews, as well as numerous op-eds. His most recent book is ''The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit'' (2021) (with Evan Bernick). His other books on the Constitution are ''An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''All ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oroville, California
Oroville (''Oro'', Spanish for "Gold" and ''Ville'', French for "town") is the county seat of Butte County, California, United States. The population of the city was 15,506 at the 2010 census, up from 13,004 in the 2000 census. Following the 2018 Camp Fire that destroyed much of the town of Paradise, the population of Oroville increased as many people who lost their homes relocated to nearby Oroville. In 2019, the California Department of Finance estimated the population of Oroville is 20,737. Oroville is considered the gateway to Lake Oroville and Feather River recreational areas. The Berry Creek Rancheria of Maidu Indians of California is headquartered in Oroville. Oroville is located adjacent to State Route 70, and is in close proximity to State Route 99, which connects Butte County with Interstate 5. The city of Chico is located about 23 miles (38 kilometers) northwest of the city, and the state capital of Sacramento lies around 70 miles (112 kilometers) to the south ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oakland, California
Oakland is the largest city and the county seat of Alameda County, California, United States. A major West Coast of the United States, West Coast port, Oakland is the largest city in the East Bay region of the San Francisco Bay Area, the third largest city overall in the Bay Area and the List of largest California cities by population, eighth most populated city in California. With a population of 440,646 in 2020, it serves as the Bay Area's trade center and economic engine: the Port of Oakland is the busiest port in Northern California, and the fifth busiest in the United States of America. An act to municipal corporation, incorporate the city was passed on May 4, 1852, and incorporation was later approved on March 25, 1854. Oakland is a charter city. Oakland's territory covers what was once a mosaic of California coastal prairie, California coastal terrace prairie, oak woodland, and north coastal scrub. In the late 18th century, it became part of a large ''rancho'' grant in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1996 California Proposition 215
Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against. The proposition was a statewide voter initiative authored by Dennis Peron, Anna Boyce RN, John Entwistle, Jr., Valerie Corral, Dale Gieringer, William Panzer, medical marijuana activist and founder of the L.A. Cannabis Resource Center Scott Tracy Imler, attorney Leo Paoli and psychiatrist Tod H. Mikuriya, and approved by California voters. It allows patients with a valid doctor's recommendation, and the patients' designated Primary Caregivers, to possess and cultivate marijuana for personal medical use, and has since been expanded to protect a growing system of collective and cooperative distribution. The Act add ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Necessity
Medical necessity is a legal doctrine in the United States related to activities that may be justified as reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. In contrast, unnecessary health care lacks such justification. Other countries may have medical doctrines or legal rules covering broadly similar grounds. The term clinical medical necessity is also used. Implementations of doctrine Medicare Medicare pays for medical items and services that are "reasonable and necessary" or "appropriate" for a variety of purposes. By statute, Medicare may pay only for items and services that are "reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member" unless there is another statutory authorization for payment. Medicare has a number of policies that describe coverage criteria, including National Coverage Determinations (NCDs) and Local Coverage Determinations (LCDs), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
