California’s Proposition 19

19Oct10

First, let me quote this:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

That is the text of the 10th Amendment to the US Constitution.  So if the US Constitution doesn’t give a specific power to the federal government, then the individual states hold that specific power.

I can’t find anywhere in the US Constitution that talks about marijuana enforcement.  Never seen such a thing.  So why are we seeing statements such as:

[US Attorney General Eric Holder] promised to “vigorously enforce” federal drug laws against Californians who grow or sell marijuana for recreational use even if voters pass the legalization measure.

and other crazy statements like:

[Los Angeles County Sheriff Lee] Baca said  “You can’t make a law in contradiction to federal law as a state.”

Oh no?  Why not?  Sheriff Baca thinks federal law trumps his own local state laws?  What does the US Constitution say about that?  Just because Congress has passed a law and it hasn’t been challenged, that doesn’t necessarily mean that it is constitutional.  Then again, does the federal government really bring marijuana users to court, or do they usually leave that to the local authorities?  I’m thinking it’s the latter.

However, the point remains.  When will the federal government remember what the country was built on and when will they let the states do what the Founding Fathers intended?

 

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