Legal Opinion · Dissent

Gonzales v. Raich

Supreme Court of the United States

Decided June 6, 2005No. 03-1454Published

1DissentJustice Thomas

Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can reg*58ulate this under the Commerce Clause, then it can regulate virtually anything — and the Federal Government is no longer one of limited and enumerated powers.

I

Respondents’ local cultivation and consumption of marijuana is not “Commerce . . . among the several States.” U. S. Const., Art. I, § 8, cl. 3. By holding that Congress may regulate activity that is neither interstate…

2Cases cited24 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  3. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  4. United States v. LopezSupreme Court of the United States · 1995
  5. Alden v. MaineSupreme Court of the United States · 1999

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