Skeptical statists will tell you that the 10th Amendment doesn’t have teeth, that is has not been backed by the the Supreme Court, that we who are rallying behind it are a silly novelty. They are greatly missing the point.
The Tenth Amendment movement does not wait for approval from Federal lawmakers or courts to be validated, nor does it need to. The first example in the past decade of state sovereignty scoring a victory without official acknowledgement from DC came when the REAL ID program (Papers please…) came to a grinding halt after multiple states simply said they wouldn’t do it.
What was the response of all powerful Federal behemoth to such insolence? Not much at all really.
There were no tanks rolling down the streets, no court decisions, no legislative debate- REAL ID simply went away quietly once the states asserted their rightful position under the 10th Amendment to nullify an unconstitutional Federal move.
Today we have another victory to celebrate. As reported in the Washington Times, Federal Marijuana policy is quietly going the way of REAL ID. Some studies have shown that 75% of all prisoners incarcerated for drug charges were locked up for Marijuana alone, making this policy retreat not simply about cannabis, but the unconstitutional Federal drug war as a whole.
Regardless of your personal view of Marijuana use, this news should make us all feel a little more free today, knowing that decisions about such things as owning a particular plant are once again in the hands of our state houses and not a bunch of bureaucrats in DC.
I myself feel a sense of gratitude for all of those in California, Vermont and other states who have had the courage to stand up to the unconstitutional policies of DC. Their bold resistance made this victory for all of us possible.