Legal Background
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The United States has a federal structure, with power divided between the states and the federal government. The state governments can act in any sphere not prohibited to them (10th Amendment, U.S. Constitution) but the federal government can pass laws only in areas specifically delegated to it. The state governments have general police power. The federal government does not have general police power and is a government body of limited, enumerated powers granted by the Constitution. Consequently, a substantial amount of U.S. federal law regulating numerous areas, including economic legislation and criminal law, are legally premised on an exercise of the Commerce Clause. The Commerce Clause, along with the Fourteenth Amendment and the spending power, allows Congress to do things that affect states. For more information, see States' rights and the Rehnquist Court.
Read more about this topic: Gonzales V. Raich
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