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FEDERALISM, "PRESCRIPTION" DRUGS, AND THE COURTS-"IN SICKNESS AND IN DEATH"

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Abstract:

This paper analyzes the policy, statutory, and constitutional conflicts between physician-assisted suicide (PAS) and medicinal marijuana (MM) proponents and opponents within the context of our federal system of government. Part I reviews PAS and MM legislation in Oregon and California, highlighting how strikingly similar the debates over both initiatives have been. From this perspective, one would be hard pressed to dismiss MM as one of the "other related issues" implied by Justice O'Connor in her Glucksberg opinion. For this reason, therefore, both PAS and MM seem to share protected status as policy issues over which state governments are sovereign, at least "in the first instance." In Part II, the statutory conflicts between state legalizations of PAS and MM on the one hand and the regulatory scheme of the CSA on the other are identified. Here, too, in all significant ways, statutory conflicts between PAS and MM as each relates to the CSA are striking similar. For this reason, therefore, defenders of the sovereign prerogatives of state governments over PAS and MM seem to share a defense against the unwelcomed invasion of federal law: the statutory reach of the CSA simply does not extend to state judgments in either area of the law. Finally, in Part III, constitutional arguments about the appropriate scope of the CSA are addressed. Should it come to past that federal courts agree that statutory provisions of the CSA conflict with state-established rights protective of PAS and MM, on constitutional grounds the Supreme Court will ultimately rule that state governments "in the first [and last] instance" possess the sovereign capacity to sustain the legislative outcomes of "earnest and profound" PAS and MM debates in our federal system of government.

Most Common Document Word Stems:

state (82), marijuana (51), medic (51), law (48), court (48), pas (47), feder (45), would (42), csa (41), mm (37), legal (37), constitut (36), drug (35), physician (35), p (33), california (33), patient (33), purpos (32), substanc (28), oregon (26), possess (26),

Author's Keywords:

Keywords: medicinal marijuana, marijuana, physician-assisted suicide, suicide, California, Oregon, Controlled Substances Act, prescription drugs, medical, pharmaceutical
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Name: American Political Science Association
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MLA Citation:

Svenson, Arthur. "FEDERALISM, "PRESCRIPTION" DRUGS, AND THE COURTS-"IN SICKNESS AND IN DEATH"" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p66468_index.html>

APA Citation:

Svenson, A. G. , 2002-08-28 "FEDERALISM, "PRESCRIPTION" DRUGS, AND THE COURTS-"IN SICKNESS AND IN DEATH"" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p66468_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper analyzes the policy, statutory, and constitutional conflicts between physician-assisted suicide (PAS) and medicinal marijuana (MM) proponents and opponents within the context of our federal system of government. Part I reviews PAS and MM legislation in Oregon and California, highlighting how strikingly similar the debates over both initiatives have been. From this perspective, one would be hard pressed to dismiss MM as one of the "other related issues" implied by Justice O'Connor in her Glucksberg opinion. For this reason, therefore, both PAS and MM seem to share protected status as policy issues over which state governments are sovereign, at least "in the first instance." In Part II, the statutory conflicts between state legalizations of PAS and MM on the one hand and the regulatory scheme of the CSA on the other are identified. Here, too, in all significant ways, statutory conflicts between PAS and MM as each relates to the CSA are striking similar. For this reason, therefore, defenders of the sovereign prerogatives of state governments over PAS and MM seem to share a defense against the unwelcomed invasion of federal law: the statutory reach of the CSA simply does not extend to state judgments in either area of the law. Finally, in Part III, constitutional arguments about the appropriate scope of the CSA are addressed. Should it come to past that federal courts agree that statutory provisions of the CSA conflict with state-established rights protective of PAS and MM, on constitutional grounds the Supreme Court will ultimately rule that state governments "in the first [and last] instance" possess the sovereign capacity to sustain the legislative outcomes of "earnest and profound" PAS and MM debates in our federal system of government.

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Document Type: .pdf
Page count: 27
Word count: 7052
Text sample:
FEDERALISM ``PRESCRIPTION'' DRUGS AND THE COURTS--- ``IN SICKNESS AND IN DEATH'' Arthur G. Svenson Professor of Government University of Redlands A paper prepared for presentation at the Annual meetings of the American Political Science Association Boston Massachusetts August 30 2002 2 States ``in the First [and Last] Instance''? In its landmark resolution of Washington v. Glucksberg (1997) the Supreme Court rejected constitutional arguments to nationalize a right to physician­assisted suicide (PAS). In that case the Court reasoned that if
J. (1998 June 5). Letter to Chairman H. Hyde. House Committee on the Judiciary 105 th Congress 2 d Sess. 27 State of Oregon Department of Justice. (2001 November). Supplemental Memorandum in Support of Motion for a Preliminary Injunction. United States v. Cannabis Cultivators Club. (1998). 5 F. Supp. 2d 1086 (N.D. Cal.). United States v. Lopez. (1995). 514 U.S. 549. United States v. Morrison. (2000). 529 U.S. 598. United States v. Oakland Cannabis Buyers' Cooperative. (1999). 190 F.


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