Taking it off for the 10th?

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A marijuana activist is doing something “special” to bring attention to the fact that the federal government is completely ignoring the 10th Amendment.  Writes Angela Macdonald of Examiner.com:

Angela, the host, producer, and writer of The Reefer Report has vowed to wear no clothing during her ten minute news program.

“The Federal government is stripping the citizens of the United States of their 10th amendment rights. Until medical marijuana is legalized on a federal level, I will not be wearing clothes on the show.”

Angela went on to explain how important the 10th amendment is by stating, “We are not allowed to petition a vote on the federal level like we can on a state level. We can’t even vote on any federal issues during an election. This is why the 10th amendment is so important. On top of all this, how can we expect police in any give state to do their jobs when the federal government can just come in and over-ride what the citizens of that state voted into law? The 10th amendment is just as important as any other amendment, and it was written for a reason.”

It’s important to note that the federal government is seriously violating the Constitution’s doctrine of delegated powers by continuing the criminalization of marijuana.  Their stretching of the commerce clause as an excuse has given precedent for them to invade many other areas too.

While I strongly support efforts to make decisions on marijuana, and many other issues, on a state-level, a proper understanding of the Constitution makes it clear that the federal government is not authorized to either criminalize or legalize marijuana.

What they need to do is not force either side on everyone – they just need to get out of the issue altogether.

Either way, it’s certainly good to see more and more people getting behind these principles of decentralization.  Find the show here.

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5 comments
scottportraits
scottportraits

Philosophically and semantically speaking, how can a plant be "illegal" ??

scottportraits
scottportraits

Thanks for your unwavering support of our right to medical marijuana. And since nothing expressly forbids cannabis or medicine in the first 9 Amendments, then I guess the Tenth one reserves that right to the States, to the exclusion of the Federal 'Big Brother' government.
Keep following the movement and make it more popular, particularly in Florida.

Support Medical Cannabis Access

Florida Voters: Download Florida petition at:
http://www.pufmm.org/petition.php

Support Leap.cc - Police Against Prohibition

Support MPP.org - MJ Lobby in Wash, DC

Michael Boldin
Michael Boldin

Scott: Thanks for your feedback on this. We've got a new medical marijuana update that'll be posted tomorrow as well. Please keep us updated on what's going in in FL!

A note on marijuana and the constitution:

The 10th amendment is what's known in legal theory as a "rule of construction." What it does, constitutionally, is tell us that "we the people" are the source of authority, and all power not delegated by the people to the government, is retained.

So the proper view of the Constitution on this, and every issue, is to look to the constitution to see if the federal government is authorized to do something, and if not, it's supposed to be left in the hands of state governments or the people themselves.

Keep in mind that for the feds to have a power, it doesn't need to be explicitly listed in the text, and constitutional understanding of clauses like general welfare, necessary and proper, commerce, etc - need to be understood.

But, looking through the lens of the founders - their actual intent and understanding - there's nothing in the constitution which would authorize the federal government to be involved in making a plant illegal.

Angela
Angela

Hi-
Thanks for covering this story! Also, thank you for further clarifying the 10th amendment issue, and the fact that the federal government has no right to legalize or criminalize marijuana. If you don't mind, I am going to add your statement to the story for clarification.
Best,
Angela

Michael Boldin
Michael Boldin

Angela, thanks for stopping by. Yes, feel free to add the statement to the story. It's essential that people know that the issue of marijuana, like many other important ones in our society, are supposed to be left "to the states or to the people..." and the federal government should have no say in it whatsoever.

Looking forward to hearing more from you on this in the future. Please keep us updated!