Feds won’t overrule states on marijuana laws. No, guys. This is NOT a good thing.
A few of the conservative blogs out there disagree with me on this, but in my opinion, they misunderstand the whole situation.
They seem to think that ignoring a federal law is ok as long as the states want to handle it. That’s not the way its supposed to work.
Federal law trumps state law. No questions, no debate. That’s the way its supposed to be. Not enforcing a federal law because that state has its own ideas is insane. At what point do we draw the line? What if one state says the illegal immigration is legal? What if California, in a fit of liberal insanity decided that all military installations belonged to them? Would that be ok because it supports “Federalism”? Of course not!
As I said, when federal law covers anything, a state law can add additional restrictions, but cannot lessen nor remove the impact of that federal law. Disagree? Well, guess what? You are wrong. Let’s check that little thing we call a Constitution:
THE SUPREMACY CLAUSE Article. VI. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.
So, these blogs misidentify the problem and think that putting the states over the federal government is the way it should be. Not even close people. You are trying to fix the wrong problem with the wrong solution.
The problem is that the federal government is regulating TOO MUCH, not that the laws shouldn’t cover the states.
Remove a federal law and the states decide what happens. If you want medical marijuana legal in a state, change the federal law to remove the restrictions on it, then it is automatically up to the states to decide. Ceding power to the states and ignoring federal law weakens the entire nation.
The federal government should be loathe to put ANY law in place and only do so if they have to. States can decide most of this on their own. Instead, we have a situation where the federal government wants to control every aspect of our lives and every new law they add weakens the powers of the states.
You want a state to have a law about something? Make the Federal government give up control of that thing. Ignoring a federal law because a president doesn’t like it sets a dangerous precedence. What happens when he says “Let’s not enforce immigration laws?” When the borders open up because the states don’t have the resources to protect them, will the conservatives say “If we could count on this as an indicator for a trend towards federalism in the Obama administration, I’d call it the best development since Election Day” as Hot Air did about this?
The president is the head of the executive branch of the government. His JOB is to enforce the laws. He is failing at that job and sadly, getting praised for it by some conservatives. Conservatives are supposed to believe in a smaller central government, not one that picks and chooses what laws it will enforce.
In a shocking move, the Obama administration has decided to embrace federalism. Well, not really all that shocking, as the Department of Justice plans to reverse a Bush administration policy of enforcing federal marijuana laws in states that allow for medicinal use of the substance. The decision, to be officially announced later today, will impact fourteen states that allow for the possession and distribution of marijuana under varying levels of medical supervision:
Federal drug agents won’t pursue pot-smoking patients or their sanctioned suppliers in states that allow medical marijuana, under new legal guidelines to be issued Monday by the Obama administration.
Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.