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Gonzales v. Raich

Index Gonzales v. Raich

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes. [1]

85 relations: Alabama, Alberto Gonzales, Amicus curiae, Antonin Scalia, Arrest, Attorney general, Brian Lamb, Butte County Sheriff's Department, C-SPAN, California, California Proposition 215 (1996), Cannabis (drug), Cato Institute, Clarence Thomas, Commerce Clause, Community Rights Council, Comprehensive Drug Abuse Prevention and Control Act of 1970, Controlled Substances Act, Dana Rohrabacher, Declaratory judgment, Drug Enforcement Administration, Eric Holder, Federal government of the United States, Federal Reporter, Federal Supplement, Fifth Amendment to the United States Constitution, Hamid Ghodse, Harry Pregerson, Injunction, Institute for Justice, International Narcotics Control Board, John Paul Stevens, Katherine Harris, Lawyers' Edition, Legal history of cannabis in the United States, LexisNexis, Libertarianism, List of United States Supreme Court cases, volume 545, Lists of United States Supreme Court cases, Louis Brandeis, Louisiana, Machine gun, Marihuana Tax Act of 1937, Marijuana Control, Regulation, and Education Act, Mark Souder, Maryland, Maurice Hinchey, Medical cannabis, Medical necessity, Mississippi, ..., National Organization for the Reform of Marijuana Laws, Necessary and Proper Clause, New Deal, New State Ice Co. v. Liebmann, Ninth Amendment to the United States Constitution, Oakland, California, Oroville, California, Partnership for Drug-Free Kids, Prosecutor, Randy Barnett, Rohrabacher–Farr amendment, Sandra Day O'Connor, Single Convention on Narcotic Drugs, South Dakota v. Dole, Southern United States, States' rights, Substantive due process, Supremacy Clause, Supreme Court of the United States, Tenth Amendment to the United States Constitution, Textualism, The Washington Post, United States Congress, United States Constitution, United States Court of Appeals for the Ninth Circuit, United States Department of Justice, United States District Court for the Northern District of California, United States House of Representatives, United States v. Lopez, United States v. Morrison, United States v. Stewart (2003), War on drugs, Washington (state), Wickard v. Filburn, William Rehnquist. Expand index (35 more) »

Alabama

Alabama is a state in the southeastern region of the United States.

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Alberto Gonzales

Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General, appointed in February 2005 by President George W. Bush, becoming the highest-ranking Hispanic American in executive government to date.

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Amicus curiae

An amicus curiae (literally, "friend of the court"; plural, amici curiae) is someone who is not a party to a case and may or may not have been solicited by a party, who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case, and is typically presented in the form of a brief.

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Antonin Scalia

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016.

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Arrest

An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime.

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Attorney general

In most common law jurisdictions, the Attorney General (sometimes abbreviated as AG) or Attorney-General (plural: Attorneys General (traditional) or Attorney Generals) is the main legal advisor to the government, and in some jurisdictions, they may also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally.

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Brian Lamb

Brian Patrick Lamb (born October 9, 1941) is an American journalist and the founder, executive chairman, and now retired CEO of C-SPAN; an American cable network which provides coverage of the U.S. House of Representatives and U.S. Senate as well as other public affairs events.

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Butte County Sheriff's Department

The Butte County Sheriff's Department, also known as the Butte County Sheriff's Office, is a local law enforcement agency that serves Butte County, California.

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C-SPAN

C-SPAN, an acronym for Cable-Satellite Public Affairs Network, is an American cable and satellite television network that was created in 1979 by the cable television industry as a public service.

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California

California is a state in the Pacific Region of the United States.

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California Proposition 215 (1996)

Proposition 215, or the Compassionate Use Act of 1996, is a California law allowing the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy.

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Cannabis (drug)

Cannabis, also known as marijuana among other names, is a psychoactive drug from the ''Cannabis'' plant intended for medical or recreational use.

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Cato Institute

The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded as the Charles Koch Foundation in 1974 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries.

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Clarence Thomas

Clarence Thomas (born June 23, 1948) is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States.

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Commerce Clause

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3).

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Community Rights Council

The Community Rights Council was an American non-profit, public interest law firm formed in 1997.

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Comprehensive Drug Abuse Prevention and Control Act of 1970

The Comprehensive Drug Abuse Prevention and Control Act of 1970,, is a United States federal law that, with subsequent modifications, requires the pharmaceutical industry to maintain physical security and strict record keeping for certain types of drugs.

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Controlled Substances Act

The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated.

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Dana Rohrabacher

Dana Tyrone Rohrabacher (born June 21, 1947) is a member of the U.S House of Representatives representing.

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Declaratory judgment

A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.

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Drug Enforcement Administration

The Drug Enforcement Administration (DEA) is a United States federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States.

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Eric Holder

Eric Himpton Holder Jr. (born January 21, 1951) is an American attorney who served as the 82nd Attorney General of the United States from 2009 to 2015.

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Federal government of the United States

The federal government of the United States (U.S. federal government) is the national government of the United States, a constitutional republic in North America, composed of 50 states, one district, Washington, D.C. (the nation's capital), and several territories.

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Federal Reporter

The Federal Reporter is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System.

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Federal Supplement

The Federal Supplement is a case law reporter published by West Publishing in the United States that includes select opinions of the United States district courts, and is part of the National Reporter System.

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Fifth Amendment to the United States Constitution

The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases.

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Hamid Ghodse

Abdol Hamid Ghodse (حمید قدس.‎; 30 April 1938 – 27 December 2012) was an academic in the field of substance abuse and addiction.

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Harry Pregerson

Harry Pregerson (October 13, 1923 – November 25, 2017) was a United States Circuit Judge appointed to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter in 1979.

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Injunction

An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts.

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Institute for Justice

The Institute for Justice (IJ) is a non-profit libertarian public interest law firm in the United States.

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International Narcotics Control Board

The International Narcotics Control Board (INCB) is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions.

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John Paul Stevens

John Paul Stevens (born April 20, 1920) is an American lawyer and jurist who served as an associate justice of the United States Supreme Court from 1975 until his retirement in 2010.

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Katherine Harris

Katherine Harris (born April 5, 1957) is an American politician, elected in 1998 as Secretary of State of Florida and in 2002 to the United States House of Representatives from Florida.

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Lawyers' Edition

The United States Supreme Court Reports, Lawyers' Edition, or Lawyers' Edition (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions.

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Legal history of cannabis in the United States

The legal history of cannabis in the United States pertains to the regulation of cannabis (legal term marijuana or marihuana) for medical, recreational, and industrial purposes in the United States.

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LexisNexis

LexisNexis Group is a corporation providing computer-assisted legal research as well as business research and risk management services.

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Libertarianism

Libertarianism (from libertas, meaning "freedom") is a collection of political philosophies and movements that uphold liberty as a core principle.

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List of United States Supreme Court cases, volume 545

This is a list of all the United States Supreme Court cases from volume 545 of the United States Reports.

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Lists of United States Supreme Court cases

This page serves as an index of lists of United States Supreme Court cases.

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Louis Brandeis

Louis Dembitz Brandeis (November 13, 1856 – October 5, 1941) was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939.

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Louisiana

Louisiana is a state in the southeastern region of the United States.

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Machine gun

A machine gun is a fully automatic mounted or portable firearm designed to fire bullets in rapid succession from an ammunition belt or magazine, typically at a rate of 300 rounds per minute or higher.

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Marihuana Tax Act of 1937

The Marihuana Tax Act of 1937,, was a United States Act that placed a tax on the sale of cannabis.

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Marijuana Control, Regulation, and Education Act

The Marijuana Control, Regulation, and Education Act, also known as California Assembly Bill 390 (A.B. 390) and later Assembly Bill 2254 (A.B. 2254), is the first bill ever introduced to regulate the sale and use of marijuana in the U.S. state of California.

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Mark Souder

Mark Edward Souder (born July 18, 1950) is an American Republican politician who was a U.S. Representative from Indiana from 1995 to 2010.

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Maryland

Maryland is a state in the Mid-Atlantic region of the United States, bordering Virginia, West Virginia, and Washington, D.C. to its south and west; Pennsylvania to its north; and Delaware to its east.

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Maurice Hinchey

Maurice Dunlea Hinchey (October 27, 1938 – November 22, 2017) was a U.S. Representative from New York.

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Medical cannabis

Medical cannabis, or medical marijuana, is cannabis and cannabinoids that are recommended by doctors for their patients.

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Medical necessity

Medical necessity is a United States legal doctrine, related to activities which may be justified as reasonable, necessary, and/or appropriate, based on evidence-based clinical standards of care.

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Mississippi

Mississippi is a state in the Southern United States, with part of its southern border formed by the Gulf of Mexico.

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National Organization for the Reform of Marijuana Laws

The National Organization for the Reform of Marijuana Laws (NORML) is an American non-profit organization based in Washington, DC whose aim is to move public opinion sufficiently to achieve the legalization of non-medical marijuana in the United States so that the responsible use of cannabis by adults is no longer subject to penalty.

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Necessary and Proper Clause

The Necessary and Proper Clause, also known as the elastic clause, is a clause in Article I, Section 8 of the United States Constitution that is as follows.

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New Deal

The New Deal was a series of programs, public work projects, financial reforms and regulations enacted in the United States 1933-36, in response to the Great Depression.

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New State Ice Co. v. Liebmann

New State Ice Co.

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Ninth Amendment to the United States Constitution

The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution.

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Oakland, California

Oakland is the largest city and the county seat of Alameda County, California, United States.

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Oroville, California

Oroville is the county seat of Butte County, California, United States.

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Partnership for Drug-Free Kids

The Partnership for Drug-Free Kids, first known as the Partnership for a Drug-Free America (PDFA) then later as the Partnership at DrugFree.org, is a New York City-based non-profit organization which runs campaigns to prevent teenage drug and alcohol abuse in the United States.

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Prosecutor

A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system.

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Randy Barnett

Randy Evan Barnett (born February 5, 1952, in Chicago) is an American lawyer, law professor at Georgetown University Law Center, where he teaches constitutional law and contracts, and legal theory.

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Rohrabacher–Farr amendment

The Rohrabacher–Farr amendment (also known as the Rohrabacher–Blumenauer amendment) is legislation first introduced by U.S. Rep.

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Sandra Day O'Connor

Sandra Day O'Connor (born March 26, 1930) is a retired Associate Justice of the Supreme Court of the United States, having served from her appointment in 1981 by Ronald Reagan until 2006.

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Single Convention on Narcotic Drugs

The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific (nominally narcotic) drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research.

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South Dakota v. Dole

South Dakota v. Dole,, was a case in which the United States Supreme Court considered the limitations that the Constitution places on the authority of the United States Congress when it uses its authority to influence the individual states in areas of authority normally reserved to the states.

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Southern United States

The Southern United States, also known as the American South, Dixie, Dixieland, or simply the South, is a region of the United States of America.

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States' rights

In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment.

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Substantive due process

Substantive due process, in United States constitutional law, is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution.

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Supremacy Clause

The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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Tenth Amendment to the United States Constitution

The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.

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Textualism

Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as: intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.

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The Washington Post

The Washington Post is a major American daily newspaper founded on December 6, 1877.

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United States Congress

The United States Congress is the bicameral legislature of the Federal government of the United States.

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United States Constitution

The United States Constitution is the supreme law of the United States.

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United States Court of Appeals for the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is a U.S. Federal court with appellate jurisdiction over the district courts in the following districts.

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United States Department of Justice

The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government, responsible for the enforcement of the law and administration of justice in the United States, equivalent to the justice or interior ministries of other countries. The department was formed in 1870 during the Ulysses S. Grant administration. The Department of Justice administers several federal law enforcement agencies including the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA). The department is responsible for investigating instances of financial fraud, representing the United States government in legal matters (such as in cases before the Supreme Court), and running the federal prison system. The department is also responsible for reviewing the conduct of local law enforcement as directed by the Violent Crime Control and Law Enforcement Act of 1994. The department is headed by the United States Attorney General, who is nominated by the President and confirmed by the Senate and is a member of the Cabinet. The current Attorney General is Jeff Sessions.

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United States District Court for the Northern District of California

The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma.

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United States House of Representatives

The United States House of Representatives is the lower chamber of the United States Congress, the Senate being the upper chamber.

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United States v. Lopez

United States v. Alfonso D. Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress' power under the Commerce Clause of the United States Constitution.

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United States v. Morrison

United States v. Morrison,, is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.

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United States v. Stewart (2003)

United States v. Stewart, 348 F.3d 1132 (9th Cir. 2003) and 451 F.3d 1071 (9th Cir. 2006), is a Ninth Circuit case involving a challenge to the constitutionality of 18 U.S.C. § 922(o).

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War on drugs

War on Drugs is an American term usually applied to the U.S. federal government's campaign of prohibition of drugs, military aid, and military intervention, with the stated aim being to reduce the illegal drug trade.

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Washington (state)

Washington, officially the State of Washington, is a state in the Pacific Northwest region of the United States.

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Wickard v. Filburn

Wickard v. Filburn, 317 U.S. 111 (1942), was a United States Supreme Court decision that dramatically increased the regulatory power of the federal government.

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William Rehnquist

William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer and jurist who served on the Supreme Court of the United States for 33 years, first as an Associate Justice from 1972 to 1986, and then as the 16th Chief Justice of the United States from 1986 until his death in 2005.

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Redirects here:

545 U.S. 1, Angel Raich, Ashcroft v. Raich, Gonzales v Raich, Gonzales v. raich, Gonzales vs. Raich, Gonzalez v. Raich, Raich v. Ashcroft, Raich v. Gonzales, Raich v. Gonzalez.

References

[1] https://en.wikipedia.org/wiki/Gonzales_v._Raich

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