Tag Archives | California Sovereignty

We Will Lock You Up Anyway

Attorney General Eric Holder isn’t leaving us in suspense regarding what the federal government will do if California’s marijuana decriminalization initiative passes: “We will vigorously enforce the CSA [Controlled Substances Act] against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law.” Will California redeem itself by sticking it to the feds over this?

cross-posted from the LewRockwell.com blog

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Prop 19 and Delegated Powers

I was glad to have the opportunity to discuss something that rarely comes up in political debate these days, how the constitution actually applies. This time, California marijuana, prop 19, in the Huffington Post. Here’s how I was quoted:

“The federal government is only authorized to exercise those powers that ‘We the People’ delegated to it in the Constitution. Included among the myriad of constitutional violations from D.C. are federal laws that ban the use of cannabis. It is especially egregious when these laws are used to justify raids in states where the use and distribution of cannabis is expressly allowed by law. How many hundreds of thousands of people are going to be arrested before We the People say ‘enough is enough’? The time to end this unconstitutional, immoral, and costly federal war on people is now.

“At the Tenth Amendment Center, we see three options when it comes to cannabis laws on a state level: (1) legalize on a state level and reject federal laws; (2) criminalize on a state level and reject federal laws; or (3) keep the status quo. Since the Constitution doesn’t authorize the federal government to have any say whatsoever over whether cannabis should be legal OR illegal, option (3) is a non-starter for anyone claiming to be in favor of the Constitution. Putting this into practice, the only proper vote I can see is ‘yes’ on Proposition 19 — even though I do believe Prop. 19, as written, leaves much to be desired. Then, once the People of California have made the decision that they’re sick and tired of Washington D.C. waging an unconstitutional war on weed — and telling them what plants they can and cannot grow, sell and consume — then they can work to improve that state law how they see fit.”


click here to read the rest

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Free California

California’s fate today begins to suggest that of Tibet. It is a free and independent place with its own unique culture and vital life force, and its will is clear. But self governance is quashed by autonomous and arbitrary magistrates thousands of miles away.

Here is a proposed amendment for the fledgling California constitutional convention: “No one should judge Californians but Californians. The California Supreme Court is the supreme court in the land. Citizens of any sex, race, ethnicity, sexual orientation or religious persuasion or lack thereof can be California Supreme Court justices provided that they were born in the state and graduated from a California law school. (Law schools from Massachusetts, Connecticut and London don’t count. Different traditions, different culture, different values.)

The California Supreme Court’s ruling is the final appeal and the supreme law of the land. It can only be overturned by a majority vote in a state referendum.” Because freedom is not free and it must be taken because it is never given. Continue Reading →

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California Tenth Amendment Center: 420 Friendly

Here’s a blog post I found, or at least the part that relates to California Tenth Amendment Center:

“So, will the Teabaggers who support “State’s Rights” even to the point of secession over health care take to the streets and defend California should it legalize marijuana for recreational use?”

I can’t speak for the ‘Teabaggers’, but California Tenth Amendment Center backs up all who are resisting Federal encroachment. The marijuana community have certainly been the boldest camp within the entire circle of recent state sovereignty activism, demonstrating that standing up to DC can be successful. Legal usage of medical marijuana in California is now in it’s 14th year and despite crackdowns by Federal thugs, Cali’s growers, collectives and patients have stood their ground. It would seem that at least in the Golden State, people under the influence of Federal drug-war propaganda are in the minority.

CLICK HERE TO READ THE REST OF THE ARTICLE

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Obama to California: “Water is Not a Right, It’s a Privilege”

The Central Valley’s water dilemma puts our food supply in jeopardy, not to mention the constitutional relationship between State and Federal government.

The big question here- Who gets to make decisions about California’s water and on what grounds?  Read the article HERE

Consider that the judicial solution holds that if the fish population is declining, we will leave more water in the river and see if that works. No one knows if it will. Maybe there is a chemical or biological explanation, but we will take a chance because the lives of fish are at stake.

So when a compromise solution is proposed, called the “Two Gates” project, that would restore water and possibly protect fish, the Obama administration’s Interior Secretary, Ken Salzar put the brakes on it. So we will experiment to put fish over people, but we will not experiment to put people over fish. How is that Hope and Change working for you?

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Nullification at Work: California to Legalize Marijuana?

An initiative to legalize marijuana in California has garnered enough signatures for placement on the 2010 ballot, according to its supporters.

From NBC:

The [regrettably titled] Tax and Regulate Initiative has far more than the nearly 434,000 signatures needed to make the statewide ballot, said Richard Lee, well-known Oakland medical marijuana entrepreneur and the initiative’s main backer. Campaign organizers say they will submit more than 650,000 signatures of registered voters next month.

The proposal would legalize possession of up to one ounce of marijuana for adults 21 and older. Residents could cultivate marijuana gardens up to 25 square feet. City and county governments would determine whether to permit and tax marijuana sales within their boundaries.

And the piece de resistance:

Marijuana is illegal under federal law. But some legal scholars have argued the U.S. government could do little to make California enforce the federal ban if the drug became legal under state law.

Pardon my French, but no s#!*, Sherlock. It’s called nullification, and it works.

To the author’s credit, though, she managed to make it all the way through an article quite clearly describing the Tenth Amendment in action without comparing legalization advocates to slaveholders in the antebellum South even once.

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Nullification: Ballot Drive for Legal Pot in CA

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 that state is concerned.

While the media of late tends to focus on the new crop of states resisting DC with legislation on firearms and health care, they almost always miss, or ignore, what I consider to be some of the greatest and most effective state resistance to federal power – marijuana activism.

According to our friends at NORML, there are now 13 states who are openly resisting federal laws on medical marijuana. And now my home state of California is on the verge of taking it to the next level – full legalization.

According to a report in the SF Chronicle yesterday:

Two prominent East Bay marijuana advocates got clearance from the state today to try to put a pot-legalization initiative on the November 2010 California ballot.

This isn’t your run-of-the-mill “medical marijuana” bill – that’s already legal in CA. If approved by voters, the bill would:

allow anyone over 21 to possess or grow marijuana for personal use. It would allow each local government to decide whether to tax and regulate marijuana sales.

Any honest person reading the Constitution through the intent and understanding of the founders would recognize that the federal government has no delegated power to be involved in the marijuana issue, in any way.

Keep in mind, though, that the federal courts (and the DEA), don’t really care what the Constitution has to say about it.  They’ve interpreted it in their own way, and have made it quite clear that they don’t recognize state marijuana laws as “valid.”

But, as we say here in California, thanks for your opinion, DC, we’ve got our own.

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