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What if a state law and a national law contradict each other? Case Study Rachel Raich… Medical Marijuana In depth (Click HereIn depth (Click Here)
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Constitutional Arguments National Security Act (1947) Congress passed this law to, among other things, create the CIA, America’s first permanent intelligence gathering organization Does Congress have the right to pass this law? Create a constitutional Argument Gun Free School Zones Act (1990) Congress passed a law that made a federal offense to carry a gun within a 1000’ of a school zone Is this constitutional? Make argument for or against. Be sure to use specific constitutional clauses to make your argument.
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Propositions Medical Marijuana – Congress has the constitutional authority to set policy on medical marijuana. Obama Care Mandate – Congress has the constitutional authority to require citizens to buy health insurance. Gun Control – State / local governments CAN defy federal law on gun control. FOR AGAINST
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Case Studies – Constitutional Arguments Marijuana – State law is valid Obama Care Mandate – Congress has the power to require health insurance Gun Control – States can defy federal law that restricts gun ownership Marijuana – National law is valid Obama Care Mandate – Congress has no power to require health insurance Gun Control – States cannot defy federal law that restricts gun ownership
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Preparing for debate You must use constitutional arguments in your speech – Refer to & explain specific constitutional provisions/clauses
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3.2 FEDERALISM TERMS Delegated Concurrent Reserved Expressed Enumerated Implied Denied 4d. Enumerated Powers 1. 2. 3. 4a. 7. 4b. 5a. 5b. 4c. 6. List of Enumerated Powers (Constitution Center) http://tenthamendmentcenter.com/historical-documents/united- states-constitution/thirty-enumerated-powers/
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3.2 Cast Studies National Security Act (1947) – Created CIA – Is the law constitutional? Make arguments McCulloch v. Maryland (1819) – Is national bank constitutional? – Can national bank be taxed? – Arguments for/against US v. Lopez (1995) – Gun Free School Zones Act – Does congress have the right under the commerce clause? – Take a side, make arguments Raich v. Gonzalez (2000) – Should states or national government have power or marijuana policy? – Take a side and make arguments
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