The Constitution of the United States is the set of rules that the nation abides by, and in the same way protects from any form of discriminatory harm to individuals or groups of individuals. These rules are often misinterpreted or manipulated to fit the needs of a person or a group so that they get what they want or are protected from what they do not want. Case in point would be the situation in California where Proposition 215, the legalization of marijuana for medical purposes, is up for discussion between state and federal courts. Both courts have heard the case and have come to separate conclusions. The state of California has the most powerful tool on their side that a state can use; that tool being the necessary and proper clause.
The necessary and proper clause of Article I Section 8 states that Congress has the power.
to make all Laws which shall be necessary and proper for carrying into Execution for the foregoing Powers, and all other Powers vested by this Constitution in the Government of the .
United States, or in any Department or Officer thereof.
(Bardes, Shelley, and Schmidt 86).
A good example of this clause in action was the 1819 case of McCulloch v. Maryland. The Supreme Court was the first to witness the action of this clause and its implied powers. The necessary and proper clause gave rights to the states that were not clearly defined and assigned to the national government.
This clause was used in California a couple months ago to decide whether marijuana should be accepted as medical treatment for patients with death-threatening ailments such as aids. The effects from smoking the marijuana essentially calms the nerves and eases the pain of the suffering making it more tolerable to carry on with their life. They are supplied with their "medicine" through an organization named Oakland Cannabis Buyer's Cooperative. This is a place where anyone with a verifiable recommendation for medical cannabis can go to alleviate, and over time possibly terminate, their illnesses.
