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Question
in gonzalez v. raich (2005), the supreme court ruled that the commerce clause gave congress the authority to ban the use of marijuana, despite conflicting state law. in the courts majority opinion, associate justice john paul stevens argued that local use of marijuana affected the supply and demand of the national marijuana market.
which prior supreme court case could be cited as a precedent for the majority decision in gonzalez v. raich (2005)?
choose 1 answer:
a shaw v. reno (1993)
b baker v. carr (1962)
c marbury v. madison (1803)
d mcculloch v. maryland (1819)
To determine the precedent, we analyze each case:
- Shaw v. Reno (1993) dealt with racial gerrymandering, not commerce clause.
- Baker v. Carr (1962) was about reapportionment, not commerce.
- Marbury v. Madison (1803) established judicial review, not commerce clause power.
- McCulloch v. Maryland (1819) upheld Congress's implied powers under the commerce clause (and necessary and proper clause) to create a national bank, showing broad congressional authority over national economic matters, which aligns with Gonzalez v. Raich's use of commerce clause authority over local activities affecting national markets.
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D. McCulloch v. Maryland (1819)