States are not supposed to pass laws that contradict or conflict with federal law. That’s what we’re told, and it’s why the Obama government sued the state of Arizona. That state had passed a law to help secure its border with drug war torn Mexico. But the Obama government disapproved, and sued, and got part of the law struck down by the Supreme Court.
Colorado has passed a law legalizing marijuana, growing it, possessing it and using it, for non-medicinal purposes. Federal laws still on the books make all of those activities illegal. You can do federal prison time for growing, possessing and using Mary Jane, even if you’re in Colorado.
So Colorado’s new law conflicts with federal law. When will the Obama government sue the swing state of Colorado?
The relative popularity of the laws in question should offer Colorado no defense. The Silver State passed its marijuana legalization law, Amendment 64, by a 10-point margin. Arizonans support their immigration law by about a 40-point margin.
So where’s the Obama government’s lawsuit against Colorado?
So Colorado’s new law conflicts with federal law.
I’m not sure that it does. Just because the feds outlaw something, doesn’t mean the states have to also outlaw it on the same terms. Its not a direct conflict, at least, although it may be an indirect conflict if a court rules that it is an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. SCOTUS has been reluctant to go very far down that road, as it leads pretty quickly to the states as nothing more than administrative departments of the national government.
The Arizona law was not in direct conflict with federal law. It supplemented a federal law that was not being enforced.
True, but the AZ immigration law arguably intruded on a matter of exclusive federal concern.
SCOTUS is also on record as saying states can’t be drafted into enforcing federal law.
There’s certainly room for SCOTUS to prohibit states from legalizing pot, if SCOTUS wants to. They’ve got some pretty vague language on the books as far as “indirect” conflicts goes. Ruling that a state can be required by Congress to outlaw pot would be a pretty major shift in the Constitutional scheme, up there with SCOTUS approving the individual mandate. Its not a given, is all I’m saying.
The author’s point was to show the hypocrisy in the application of federal law in blue states vs red states. In a true republic where the constitution with its 10th amendment is adhered to, this marijuana issue would be a matter for the individual states to decide and not any business of the feds. The border issue would be solely a federal issue and should be since the states agreed to this at the constitutional convention. In both cases the federal gov’t is wrong. They are refusing to follow said constitution by inserting themselves into the one issue (marijuana) and failing to come through on their end of the bargain on the other (border and immigration). May God save the rebublic.
Look around at our culture and ask yourself WHY would God save this republic? He will save individuals, but not the republic.
We are being Judged.
If indeed we as a nation are being judged by God, Then can you think of a better time than that to pray?
May God save the republic.
I am fully in support of Colorado being sued. I am fully in support of the people of Colorado passing this law if they so choose. I am fully in support of looking down upon marijuana users as those lacking virtue in some ways (at least with booze you pay a price for your folly).
None of these positions are truly contradictory.
Naturally, since marijuana use is popular among the left, this law will not be challenged by the Federals. That’s the way we roll in America these days–higher castes get extra-special treatment and regard for those things they believe in. It is cultural imperialism via enforcement of the laws, and not much else.
Obama will respond to this. Remember he doesn’t have a complete left congress and this is a huge issue among the right. Also not all liberals are for the passing. With the Controlled Substance Act still in tact and strong, states passing this promotes anarchy and a Federal Government cannot and will not have it. What these states failed to do was have their federal senators and representatives push for Marijuana to be backed off the schedule and Federally decriminalization for legal citizens, as we don’t want to be invaded by illegal drug cartels, then states could follow through with legalization. I doubt this is going to go well for the two states and the outcome is going to upset a lot of voters. Obama even said himself, “The answer is not to make Marijuana Legal.” Also he doesn’t have another term to win the swing states, so logically he really has no reason to try to keep face with states. He has his socialist agenda and he will make sure it will be reached, no matter who, how, and what he destroys in the process. That is the hard facts of second term presidents no matter who they are or what they believe in.
On a related vote, will the Obama DoJ sue blue Washington over the same thing? Probably. Screw ‘em; they’ve vote for the donkey no matter how much the donkey craps in their hubbly bubbly. It’s going to be kind of funny watching all these hippies cry about the Obama administration that they campaigned so hard for arresting them for opening pot shops.
Ha. I laugh on your bongs.
And for the record…
I voted for the pot initiative in Washington just so I could laugh at the stupid hippies when the feds crash their drum circles.
Heh…heheh…heheheheh…
The way people are rejoicing you’d think they just got a green light to light up a joint anywhere at any time. However the Colorado law does not waive driving under the influence or while impaired and property owners, companies and other entities that ‘occupy, owns or controls a property’ may still prohibit possession, use etc from their properties. I suspect local law enforcement will be busy arresting drivers and removing potheads from private property. Businesses will be busy firing people and the welfare offices will be busy putting those who can’t pass a drug screen on the dole.
An excise tax not to exceed 15% will be levied on marijuana sold at licensed cultivation facilities and that revenue will be credited to the Public School Capital Construction Assistance Fund. Will the fed sue? Of course not. It’s for the children.