The Tenth Amendment codifies in law that “We the People” of the several states created the federal government to be our agent for certain enumerated purposes only – those powers delegated to the federal government in the Constitution.
An honest reading of the Constitution with an original understanding of the Founders and Ratifiers makes it quite clear that the federal government has no constitutional authority to override state laws on marijuana.
All three branches of the federal government, however, have interpreted (and re-interpreted) the commerce clause of the Constitution to authorize them to engage in this activity, even though there’s supposedly no “legal” commerce in the plant. At best, these arguments are dubious; at worst an intentional attack on the Constitution and your liberty.
Currently, 14 states have legalized marijuana for medicinal use, and Ohio will now consider legislation to join them.
Introduced in the Ohio legislature is House Bill 478 (HB478), which if passed, would allow cannabis to be used for limited, medicinal purposes – and effectively defy federal laws which say that the plant is illegal in every situation.
The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.
It’s long past time for people to demand adherence to the Constitution – every issue, every time. No exceptions, no excuses.
Fourteen (and soon more) states standing up to resist DC and refusing to comply with unconstitutional federal laws have rendered the feds incapable – and unwilling – to enforce their mandates. Pick an issue and put it into practice in your area – the marijuana activists have done it right.
Latest posts by Michael Boldin (see all)
- Nullify 101: Stop Asking Permission Where None is Required - November 26, 2014
- The Root Cause of Ferguson: The War on Drugs, Foreign Policy, and the Federal Reserve - November 25, 2014
- New Jersey Bill Seeks to Nullify Unconstitutional Federal Marijuana Prohibition - November 25, 2014