Alert: Planned Site Outage Tonight: Tue. July 28th, 9pm-Midnight PST
my care2
make a difference

community

shares

share your passions, stories, inspirations, and more

Feb 5, 2009

In reference to federal raids on medical marijuana shops in California, White House spokesman Nick Shapiro said today, "The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind."

If this truly is the new President's policy, it may be the key for Americans to restore their liberty during the Obama presidency. Our best strategy for restoring liberty may be to start with the Tenth Amendment to the U.S. Constitution, ratified December 15, 1791 as the finishing touch on the Bill of Rights: "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."

Eight state legislatures are currently considering resolutions which assert a state's authority under the Tenth Amendment to handle issues not delegated to the U.S. government by the Constitution. These are Arizona, Hawaii, Michigan, Missouri, Montana, New Hampshire, Oklahoma, and Washington. Former gubernatorial candidate Andy Horning has proposed a resolution for Indiana, but it does not yet have a sponsor in the state assembly.

States will most likely have a reason to pass a resolution like this and to challenge the federal government if there is a specific issue it wishes to handle itself. In Oklahoma, the effort is motivated by a desire to pass strict immigration laws. States such as California and Michigan could do it to protect their allowance of medical marijuana.

States will most likely have a reason to pass a resolution like this and to challenge the federal government if there is a specific issue it wishes to handle itself. In Oklahoma, the effort is motivated by a desire to pass strict immigration laws. States such as California and Michigan could do it to protect their medical marijuana laws.

On the issue of marijuana regulation, the Supreme Court ruled in the 2004 case of Gonzales v. Raich that it fit within Congress' role of regulating interstate commerce. The six Justices who voted on the side of the federal government neglected the fact that growing a few plants in your home for personal use doesn't involve any interstate commercial activity.

The Justices who voted against the federal government made some very important statements of dissent.

Justice Clarence Thomas: "Our federalist system, properly understood, allows California and a growing number of other States to decide for themselves how to safeguard the health and welfare of their citizens."

More from Justice Thomas:

If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers -- as expanded by the Necessary and Proper Clause -- have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to "appropria[te] state police powers under the guise of regulating commerce...

If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison's assurance to the people of New York that the "powers delegated" to the Federal Government are "few and defined", while those of the States are "numerous and indefinite.

Justice Sandra Day O'Connor: "Federalism promotes innovation by allowing for the possibility that "a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country"

There is still a case to be made that the federal government has no business raiding medical marijuana users in states that allow it. And it appears that President Obama wants to respect the states' decision on that issue. There are many other federal regulations against which we could make this same argument, and we should pressure our state governments to exercise their constitutional authority to handle those issues or allow their citizens to handle them independently. If there is ever a time in our lifetimes to proclaim our Tenth Amendment right, that time is now!

Imported from external blog


Visibility: Everyone
Posted: Thursday February 5, 2009, 10:33 pm
Tags: [add/edit tags]

Group Discussions start a discussion
Comments
Or, log in with your
Facebook account:
Compose your comment and submit:




Author

Douglass G.
Author Tools:
Compose New Share
male, age 24, committed relationship
Indianapolis, IN, USA
DOUGLASS'S SHARES
May
28
(0 comments  |  discussions )
Many of the things I have seen from the start of the Obama presidency have seemed ripped right from the pages of my favorite novel, George Orwell's 1984. Propaganda stunts, the permission of torture and extended detention without charges, government ...
(1 comments  |  discussions )
The liberals are already turning on Obama, even quicker than conservatives turned on Bush. However, they really should have done so before the election–for example, when he voted in July to give telecommunications companies retroactive imm...
Apr
20
(0 comments  |  discussions )
The Federal Reserve has conducted stress tests on the United StatesÂ’ major banks. The results are ugly, and they donÂ’t want you to know about it yet. They wonÂ’t even admit they have the results, but they do, and no...


SHARES FROM DOUGLASS'S NETWORK
Nov
9
by Road L.
(0 comments  |  discussions )
This article passed the snopes test!   http://www.snopes.com/med ical/drugs/generic.asp           & nbsp;   &n bsp;&nbs...
Nov
8
by Road L.
(0 comments  |  discussions )
Dear Healthcare-NOW! Supporter: Dozens of people held a sit-in at Senator Lieberman's Capitol Hill office this morning to demand that Senator Lieberman pledge to stop taking health insurance company campaign contributions and free up funds so...
Nov
7
by Road L.
(0 comments  |  discussions )
For the World March for Peace and Nonviolence, the largest human peace sign in the world was performed in Lucena, Philippines, by 12,000 students of the QUEZON NATIONAL HIGH SCHOOL on October 7th, 2009. Video:http://www.youtube. com/watch?v=TOhRQa...
by Road L.
(0 comments  |  discussions )
  In a matter of hours, the House of Representatives will vote on the issue of abortion in the new health system. Congress is set to vote on abortion in the new health system TODAY. We can’t let the anti-choice movement win, because wom...
Nov
4
by Eva C.
(0 comments  |  discussions )
Absurd: Joe "You Lie!" Wilson Claims Obama is "Solely Responsible" For Swine Flu Posted by Steve Benen, Washington Monthly at 1:41 PM on November 3, 2009. This is despite Wilson's voting down of an appropriations bill that contained special ...


MORE MEMBER BLOGS
Nov 10
Blog: men's tungsten wedding rings by Combizz C.
(0 comments  |  discussions ) — We are proud to feature a variety of styles for men's tungsten wedding bands, men's tungsten wedding rings. We have a fine collection of tungsten carbide rings that symbolizes your internal strength. more
Blog: Online Shopping by James K.
(0 comments  |  discussions ) — Online shopping is definitely a great way to shop. You get to know almost everything about the product in detail and you can actually buy it anytime you want. The excitement of online shopping increases when you have discount coupons for your shopping... more
Blog: Christmas list by Mark D.
(0 comments  |  discussions ) —       Christmas listAs I was leaving the doctors office I saw my friend talking to a woman sitting in her car.  She was young, at the most in her late twenties and she was asking for directions.  She was looking for the ... more
Blog: men's tungsten wedding rings by Combizz C.
(0 comments  |  discussions ) — Tungsten, a rare and exotic metal now is also considered sophisticated. It is the only metal which can be permanently polished. Men's tungsten wedding bands and men's tungsten wedding rings are made to last... more
Blog: Celtic tungsten rings by Combizz C.
(0 comments  |  0 discussions ) — Tungsten is remarkable metal. No wonder people get easily attracted to Celtic tungsten rings and Celtic tungsten wedding bands every time they come across it. The shine is retained for a lifetime and will never scratch, that is the beauty of Tungsten.... more
 
Content and comments expressed here are the opinions of Care2 users and not necessarily that of Care2.com or its affiliates.
Copyright © 2009 Care2.com, inc. and its licensors. All rights reserved