Gonzales v. Raich: Has New Federalism Gone up in Smoke?

Authors

Laura W. Harper

Publication Date

7-2006

Document Type

Casenote

Abstract

In Gonzales v. Raich, the United States Supreme Court broke with recent federalist trends by holding that Congress did not exceed its Commerce Clause power in prohibiting the local growth and use of marijuana, which was legal under California state law. While the Court asserted that this case did not break with recent precedent restricting Congress's Commerce Clause power, this decision reaffirms expansive congressional power and creates uncertainty about whether federalist principles limit congressional power.

Recommended Citation

Harper, Laura W. (2006) "Gonzales v. Raich: Has New Federalism Gone up in Smoke?," Mercer Law Review: Vol. 57: No. 4, Article 14.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol57/iss4/14