Another Victory for the States
19. Oct, 2009 Written by:
Bryce Shonka 
5 Comments
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.
Bryce Shonka is the State Chapter Coordinator for the California Tenth Amendment Center. He also serves as the Media and Grassroots Director for the National Tenth Amendment Center. He resides in Los Angeles, CA.
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Take it a few steps further and I’ll be on board.
Why should what *state* I’m in have any bearing on whether I can grow and smoke a plant alone and in the privacy of my own home?
It shouldn’t. Let’s keep the government out of my greenery entirely.
Emma – I agree with you on the principle that you should have the liberty to do this if you want.
But – you’re missing the point.
The BEST way to ensure that your liberty has a chance to thrive and grow – is to keep decisions like this closer to home. On a state level is a far better place than a national one.
Now – if you believe that your state should get out of your affairs – what are YOU doing in your state to work to make that happen?
The states clearly have jurisdiction here. Whether it be marijuana, same sex marriage, ID, or health care insurance, the states are sovereign. The federal government has enumerated powers and individuals have the bill of rights/amendments which supersede the federal and state government.
However, it is clear that if the federal government can compel specified commercial activity by its citizens, the US Constitution will be transformed into an instrument of tyranny.
The only practice way to fight this now is on the state level through legislation, state amendments, action by governors and AGs. Combined with the election of a constitutionally minded Republican president in 2012, the health care legislation can be effectively neutered.
If a politician does not support the Constitution and will not fight to rescind the mandates, I have no use for them. And at this point in time, ALL Democrats and many Republicans (but not all) fit this description.