The folks at the conservative legal blog Judicial Watch are hopping mad that the Obama Administration and their buddies at the ACLU are waving the white flag of surrender in the drug war.

Wait. What?

According to a Jun 10 blog post titled ‘DOJ Takes ACLU’s Lead on Pot Shops; Ignore the Law‘ which looks like it may have been written in bizarro world.

“The fact remains that federal law prohibits [marijuana] and therefore it’s a slap in the face to law and order that these illicit enterprises are surfacing around the country, especially in the area surrounding the U.S. government. A national news report points out that two new pot businesses will operate in the shadow of Congress and will mark one of the boldest moves yet for the nation’s marijuana movement.”

This possibility, however contrived, horrifies the ‘law and order’ conservatives over at Judicial Watch. So much so that they are willing to trample the Constitution to continue their “war” on a plant. The so-called “War on Drugs” rests on the same constitutional authority as most of the other American wars over the last 70 years.


Question me? Consider this: why did the federal government need a constitutional amendment to fight its war on alcohol?

The Constitution delegates no power to the federal government to prohibit marijuana.

For the sake of consistency, I wonder when we will see the Judicial Watch post lamenting the states standing up against Obamacare? Will Judicial Watch whine if the feds fail in their mad scramble to enforce Obamacare against the will of the people? By Judicial Watch logic, the feds need to put boots on the neck of everyone who doesn’t obey their every edict. So, why would it apply to drugs and not to Obamacare?

Obviously, the folks at judicial watch believe that reefer madness will set in if people can get their hands on the devil weed more easily! Meanwhile, marijuana has become more prevalent and potent as the drug war has been futilely waged all these years. Keeping marijuana illegal even as it helps people throughout the world recover from cancer, multiple sclerosis, cataracts, epilepsy and a whole host of other ailments has turned the law into a laughable farce and undermined trust in government among the population.

The blog somehow gets even worse from there.

“Even liberals like President Jimmy Carter and former longtime U.S. Congressman Patrick Kennedy oppose legalizing marijuana for recreational use. In fact, Kennedy, son of the late Massachusetts Senator Ted Kennedy, runs an organization that advocates for a “fresh approach that neither legalizes, nor demonizes, marijuana.” Kennedy’s group claims to seek a “middle road between incarceration and legalization.”

It reeks of desperation when you have to quote two of your most loathed rivals in order to back your case. If anything, people from the limousine liberal, above-the-law Kennedy clan and Jimmy Carter being against legalization should count as reasons to support it from a conservative point of view! Because the war on drugs is such an unpopular, widely-recognized disaster, dishonest bloggers have to pull out that tired, phony canard of bipartisanship as some sort of trump card. Meanwhile, there are many people from the left and right who support legalization and decriminalization. Over 50 percent of people support legalization in the general population as well. Those facts were conveniently omitted by Judicial Watch because they don’t fit their anti-freedom narrative.

Not to mention that the article is filled with complete lies. In reality, the Obama administration has cracked down far harder on marijuana than its predecessor. And G.W.  Bush wasn’t exactly a dove when it comes to the war on drugs. The ‘law and order’ worshipers at Judicial Review are playing make believe when they say that the Obama administration has stopped enforcement of the federal drug laws. On the contrary, Obama and company desperately want to keep the immense, unconstitutional powers flowing out of drug law enforcement, but are becoming more and more powerless to enforce them as the people express their will through their state and local governments.

This is the truth of the matter: the federal government is powerless when enough people and states resist them. The feds do not have the resources to kick down the doors of every medical marijuana caregiver, stick guns into their faces, deprive sick people of the medicine they desperately need and haul them off to jail like Judicial Watch wants. Regardless of their spin, this is a victory for conservatism and constitutionally limited government. Now that federal prohibition is falling apart, states can go back to making their own drug laws. This is the constitutional solution. Judicial Watch does a great disservice to conservatism by mindlessly regurgitating federal propaganda that allows the Obama administration to keep destroying the Constitution.

So, until I see that article up at Judicial Watch condemning the federal government for not implementing Obamacare in every state throughout the country, I will assume that they are hypocrites who have bought the federal government’s ‘reefer madness’ propaganda hook, line and sinker. My final words of advice for Judicial Watch: next time, stand with the Constitution and not with Jimmy Carter.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.