WEEK SHEET
Week Seven: 11/7
Announcements:
1. Practicing Democracy:
Reading:
Text: ADR Chpt. 3 and Rourke Chpt. 2.
Lecture: Federalism (Also review lecture on Implied Powers)
To Do:
1. Complete the Practicing Democracy Assignment (75 points)
2. Federalism and Medical Marijuana: Based on the reading from Chpt. in Rourke, answer the
following questions (Keep each answer to one or two sentences.): (25 points)
1. Why does Stevens think that marijuana grown and consumed in CA can still be regulated by Congress
based on its power to regulate interstate trade? (Refer to Section III of his decision)
2. What part of the Constitution does Stevens refer to suggest the CSA should outweigh CA’s intent to
legalize some marijuana use?
3. What is O’Connor’s purpose in talking about the game of charades?
4. How does O’Connor suggest the “necessary and proper” needs to be interpreted in regards to the
interstate commerce clause?
5. How does O’Connor use Madison (Fed. #45) to buttress her decision?
6. Is Sandra Day O’Connor simply a stoner? (Actually, what I am asking is what is her personal opinion
of the medical marijuana law?)
To Think About:
1. Explain how and why federal power expanded throughout most of American history as well as what led
to the devolution of federal power beginning in the 1980’s.
2. Explain whether you think the growth of federal power over the course of our history has been good or
bad for the country? To what extent have events since 1980 served to restore the proper balance of power
between the states and the federal government.
3. Some people argue that federalism is good because it allows for innovation and experimentation while
others say it is bad because of the spillover effects and competition it creates. Explain the substance of
these two positions and provide examples You may side with one position or the other or simply be
descriptive.
4. Explain what gave raise to the idea of “devolution” as well as how it has been implemented and its
overall impact on our federal democracy.
5. Regardless if you are a supporter or opponent of medical marijuana, do you think laws regulating the use
of marijuana should be set at the state or federal level? Explain what constitutional principles you base your
position on and whether these same principles would also apply to gay marriage? Be sure to consider the
practical and constitutional difficulties inherent whichever position you take