How commerce clause was used in case 5-2 Gonzales v. Raich.
Commerce clause is used to refer to Article 1, Section 8, clause 3 of the U.S constitution which allows the congress the power to regulate commerce with other nations, among the several states and the tribes of Indians. In Gonzales v. Raich the United States Supreme Court ruled under the Commerce Clause of the United States Constitution that the U.S Congress can criminalize the production and use of cannabis which is homegrown even where it is approved for medicinal use. The defendant, Angel Raich, was a user of homegrown medical marijuana of which it was legal in California but illegal under the federal law. Monson and Raich had sued after Drug Enforcement Administration had destroyed …show more content…
It only protects individuals from searches and seizures that are conducted by the federal government or pursued in the interest of the government. This means that the amendment does not protect against surveillance and any actions of investigation from private persons like private investigators. The court reads out that the amendment only protects against searches that are unreasonable and that means that businesses which are in a strictly or closely regulated industry can be subject of frequent searches which may happen without warrants (Hummel et al., 2013). An example is an auto parts dealer who was charged with dealing with stolen parts. He defended himself by stating the search was unlawful and unconstitutional. The court found the search to be reasonable because this is a closely regulated industry. This shows that the expectations of a business owner in terms of privacy in commercial property are less than that afforded to a private homeowner. I believe that this loophole in the amendment is a burden to the business. It allows for constant raiding and searches for businesses even without warrants. This will tend to have negative implications on the businesses involved and can even lead to lose of customers. It can even lead to closure or closing of businesses due to what can be termed as constant harassment from the police or law