Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Migraine v. United States. Recall that Article I, Section 8, clause 8 (the Commerce Clause) grants Congress the power to regulate commerce ... among the

"Migraine v. United States. Recall that Article I, Section 8, clause 8 ("the Commerce Clause") grants Congress the power "to regulate commerce ... among the several states." For present purposes, "commerce ... among the several states" essentially means interstate trade. The federal Controlled Substances Act prohibits the use, possession, manufacture, and distribution of certain drugs, including marijuana, whether or not the drugs in question have ever traveled in or are intended for sale in interstate commerce. The theory behind the Act is that prohibiting the use, possession, and manufacture of illegal drugs is necessary to carry into effect a prohibition on their interstate sale and shipment, which Congress is clearly empowered to enact under the Commerce Clause. Otherwise, it would be too easy for persons possessing, manufacturing, or distributing drugs in interstate trade to evade prosecution. Besides, given the laws of supply and demand, the manufacture and distribution of marijuana in one state will affect the price of marijuana in neighboring statesand, thus, will likely affect the flow of marijuana across state lines, which again, Congress unquestionably has power to regulate. Molly Migraine is a California resident who cultivates marijuana for her own personal medical use. Since none of the marijuana she grows, possesses, or consumes leaves her three-acre farm in Humboldt County, Migraine does not believe that Congress can constitutionally regulate these activities. Is she likely to prevail in court on this claim?"

What are the Issue, Rule, Application, and Conclusion for this problem?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Contract Law Text Cases And Materials

Authors: Ewan McKendrick

10th Edition

0192856545, 978-0192856548

More Books

Students also viewed these Law questions

Question

What is meant by the balance in a savings account? Future value?

Answered: 1 week ago

Question

What is a key public for this product/service/concept?

Answered: 1 week ago