quote:Originally posted by SHELDIVR:quote:Originally posted by Renegade Nation:quote:Originally posted by SHELDIVR:
Well, California can't legalize weed and I am sure Obama/Holder will bring suit to declare Prop 19 illegal, unconstitutional
Well if we're going to be constitutional...the situation would be exactly the opposite of what you are suggesting.
What California is doing is essentially the same thing as states who say they will not uphold the requirement to buy insurance in the new healthcare bill...Nullification.
I'm not necessarily a big fan of drug legalization, but as a strict constructionist, it is clearly not a federal enumerated power to ban a substance...that would be an undelegated power left to the states and the people.
What gave the power to the Feds to ban alcohol? The Constitution? Not until it was amended. So, strictly speaking it is the same for other substances...it's a state by state isssue. If you want the feds involved...to be constitutional you'd need an amendment giving them that power.
Nope...it was all over television news today, Supremacy Act or Clause, says Federal law making pot illegal is not trumped by California voters. They indicated, as I did earlier, that it is the same situation as Arizona. Eric Holder says they will "keep an eye on it...".
I'm sure "they" (the feds) do say that...doesn't make them (including SCOTUS) right.
That's the whole point of this idea of getting back to the Jeffersonian (and correct) veiw of the nature of the union...The Feds do not have an exclusive in being the final authority of the Constitution.