Third Party & Independents: Archives

June 06, 2005

Another Blow to State Sovereignty

Today the Supreme Court ruled 6-3 against Angel Raich, finding that Federal authorities may prosecute individuals who use medical marijuana, despite states’ decisions to legalize marijuana for medicinal purpose.

Angel lives in California, a state which overwhelmingly approved the medical use of marijuana nearly a decade ago. In seeking to overturn the Ninth Circuit Court of Appeals decision in favor of Angel and others who legally use medicinal marijuana, John Ashcroft is directly attacking state sovereignty.

Angel has a collection of maladies, including allergies to most all of the pharmaceuticals which can help her conditions. She argues on her website angeljustice.org that marijuana not only allows her to live a more normal life without having to be wheelchair bound, but it also keeps her alive. Although I can find nothing supporting this claim explicitly, I can find nothing against it either. If it is indeed the case that marijuana is keeping Angel alive, it is truly sad to see such a fight from the government to deny this woman her life.

Among the absurdities surrounding this case is the argument from the government side which attempts to persuade the Supreme Court that medical marijuana affects interstate commerce. (The classic means by which the federal government has usurped control of the states.) They argue that medical use of home-grown marijuana decreases demand for illegal street marijuana, thereby lowering the price, and making it more accessible. This cuts against the government's goal of driving the price up through prohibition, and the government is therefore justified in its actions because medical use of marijuana interferes with federal efforts to disrupt interstate commerce in illegal drugs. This argument is absurd, of course, since price not only relies on supply, but also demand. In light of this, the government ought to be encouraging drug use in order to raise prices, and make illegal drugs more inaccessible.

This ruling comes along with the introduction of H.R. 1528, a bill which supposedly 'protects America's most vulnerable'. If passed, this bill will force individuals to inform on family members and friends or face a minimum of two years in prison. This too has the potential to override states' decisions to legalize or de-criminalize marijuana. But that's not the only reason to fight this bill. Under the pending legislation, not reporting the following situations within 24 hours would merit a prison sentence between two and ten years under H.R. 1528:

* You see someone you know pass a joint to a 20-year old college student.

* Your cousin mentions that he bought Ecstasy for some of his college friends.

* You find out that your brother, who has kids, recently bought a small amount of marijuana to share with his wife.

* Your substance-abusing daughter recently begged her boyfriend to find her some drugs even though they're both in drug treatment.

You don't even have to have witnessed any of these situations. If you simply hear of them, you will be required by law to not only inform the police, but also give full assistance to authorities in the investigation, apprehension, and prosecution of the people involved, or else serve jail time of up to ten years.

Please join me in calling upon your representative to fight for sensible drug policy, and vote against this odious bill. You can send a fax to your representative quickly and easily here.

Posted by Andrew Parker at June 6, 2005 05:13 PM
Comments
Comment #58475

It is a cultural mindset toward globalization: a predisposition of inevitablity toward more centralized top down social, economic, military, and political organization. Since the individuals on the Supreme Court are immersed in this culture, why would anyone expect their rulings not to reflect this ubiquitous, pervasive, and unquestioned acceptance and inevitability of more centralized power?

When life gets disorganized, confusing, full of factions and contention and lack of commonality, centralization of power is inevitable: Look at Japan, Nazi Germany, Stalinist Russia, one party government in America, Hezbollah in Lebanon, and the authoritarian regimes in Africa, China and its resurgence in Russia.

Posted by: David R. Remer at June 6, 2005 06:21 PM
Comment #58479

Hey All:


Just my two cents worth:
Here we have just done what the Republicans want, families informing on each other. Do we really need to incarcerate each and every nickle bag peddaler? What does it cost to send a low-level dealer through the courts? I think it is probably on par with about $175,000, then you have to spend, maintenance fees of about $65,000 a year, per prisoner. A lot of money being spent just because little Johnnie was within a 100’ radius (Asleep) when you overheard your Great Grandfather(age 96) tell his girlfriend(age 89) that he scored a joint last week. Who did he score the joint from? Al, the maintenance worker (age 77). Sounds like we have just solved the drug problem, in America, and elsewhere. Seems Al was on the Bureaus Top Ten. Not the most wanted list, not the list of dangerous criminals. You know the list, it appears everynight on David Letterman. You didn’t report them, so who do you think that this oddysee is about, look in the mirror “Hero”,
You are going to the big house for up to ten years.


Oh, an update you were the only one prosecuted, do to situations beyond your control…..your great granddad died before getting to trial, his gf is on life support suffering from Alzheimer’s. Al turned State’s evidence, in an unrelated case and is now in the witness protection program.
As always,
Wayne

Posted by: Wayne at June 6, 2005 08:35 PM
Comment #58482

What do you expect from a Republican Congress and Republican President?

Posted by: Aldous at June 6, 2005 08:51 PM
Comment #58484

‘What do you expect from a Republican Congress and Republican President?’

I’m sorry, who was it again that dissented???????

Posted by: Peter at June 6, 2005 08:58 PM
Comment #58485

I agree that the Supreme Court decision seems like a kind of social madness. The only hope, as the Court itself seems to make clear, is to make serious changes in Congress.

As for H.R. 1528, which I’d not heard of before now, is it really as odious has you’ve made it sound? And does it have a chance of passing? It’s a discouraging day to be an American.

Posted by: Reed Sanders at June 6, 2005 09:02 PM
Comment #58490

We need to legalize marijuana!

Full legalization already dammit!

Posted by: Zeek at June 6, 2005 10:24 PM
Comment #58491

Zeek, it ain’t the Christian thing to do, so it ain’t gonna happen. Christians learned their lesson with prohibition. Once you repeal it, you can never make it illegal again. Don’t hold your breath. The Bible says smoking or eating anything that may make your mind work differently than the congregation’s is an evil to be avoided at all cost. Besides, think about all those souls whose short term memory impairments would prevent them from recognizing the caucausion blond bearded gentleman in white robe and glow ring standing at the gates to welcome them. Can’t have souls forgetting his face now can we?

Posted by: David R. Remer at June 6, 2005 10:33 PM
Comment #58496

This is what happens when Libertarians vote for Republicans. You get Federal Laws made by Republicans.

Libertarians are SUCKERS!!!!!!!!!!!!!

Posted by: Aldous at June 7, 2005 12:05 AM
Comment #58518

All the Supreme Court ruling accomplished was to increase the street value of marijuana. The happiest people in the world are the drug peddlers. The people using it for “medicinal purposes” will continue to use it except it will cost them quite a bit more.

It’s the same thing if you are a movie maker. The best thing that can happen to you is that the Pope bans the movie, you even pray for it.

Posted by: steve smith at June 7, 2005 08:55 AM
Comment #58560

Andrew,

In your bullet point examples above:

Change the 20 year old college student to a 12 year old kid
Change the Ecstasy purchase as being for 9 & 10 year olds
Change the example involving your brother from a small amount to share with his wife to a SUPPLY to share with his wife and,
The substance abusing daughter and her boyfriend are not IN drug treatment but STRUGGLING with drug treatment

IMO HR 1528 is not enforceable and thus will never be passed.

Wayne’s example while very humerous is moot since the bill has not passed. The geriatric references are terrific. Well done Wayne.

And once again the Republican Congress and Republican President are the dart board for everything wrong and in this case nan item that is illegal. I am not sure but would there not really be a very fine line between legalized marijuana for terminally ill pain relief and legalized terminally ill euthanasia.

Posted by: steve smith at June 7, 2005 11:26 AM
Comment #58580

The thing that outrages me here is the continued erosion of state sovereignty. Citizens of a state may choose to decriminalize marijuana within their state, but their efforts are voided by a federal government with a penchant for homogeneity.

As for HR1528, regardless of what you think about pot use, this bill is not the way we would like to see our country’s legislation heading. This bill would take away your right to deal privately with your friends and family members. Instead, you would have to go public and possibly help trap them in a sting operation. Your cost for refusal: between two and ten years in prison.

Posted by: AParker at June 7, 2005 12:21 PM
Comment #58583

Does Federal Law trump State Law or not?

All this liberal scheme you spew is nonsense. The Supreme Court judges according to the LAW created by CONGRESS. Want to blame someone? Blame the Republican Congress.

Posted by: Aldous at June 7, 2005 12:24 PM
Comment #58586

Steve:

Thank you, very much. Glad you saw the humour in it.

As Always,
Wayne

Posted by: Wayne at June 7, 2005 12:26 PM
Comment #58588

David-

Your first post was spot on. However, your second:

The Bible says smoking or eating anything that may make your mind work differently than the congregation’s is an evil to be avoided at all cost.

This is not true, although some individuals interpret certain scriptures this way. I’m sure we can all understand that words may always be interpreted and misinterpreted. Perhaps you’re being facetious, perhaps you think that the Bible literally says this, but regardless, this statement is untrue, and it only furthers the mischaracterization of Christ’s message. Especially when combined with your next sentences:

Besides, think about all those souls whose short term memory impairments would prevent them from recognizing the caucausion blond bearded gentleman in white robe and glow ring standing at the gates to welcome them. Can’t have souls forgetting his face now can we?

Your lack of respect is really uncalled for, especially here, where we’re having a discussion almost completely independent of religion. Let’s keep the debate clean, okay?

Posted by: AParker at June 7, 2005 12:39 PM
Comment #58620
Posted by: Aldous: Libertarians are SUCKERS!!!!!!!!!!!!!

We all are if we keep empowering politicians (regardless of party, which doesn’t really make much difference) to use and abuse us. They should be addressing these pressing problems.

How does the government run? With loads and loads of grease, pork, and elitist favoritism. And what?s the primary goal of a politician? To get reelected?no matter what. While we suspect that our government leaders are significantly shady, capable of a shocking degree of immorality and selective back-slapping, most politicians are careful to avoid even the appearance of impropriety, lest they reveal their true essence to the electorate. So while the political hierarchy might be bought and paid for, they usually cover their tracks well enough to hide the scope of their corruption and political cowardice. What are a few examples of political cowardice and corruption?
[X] our politicians are afraid to confront illegal immigration;
[X] our politicians are afraid to really deal with term limitations;
[X] our politicians are afraid to tackle waste of American taxpayer dollars through pork barrel programs, spending oversight, inefficiencies, etc.;
[X] our politicians are afraid to confront racism that runs both ways;
[X] our politicians are afraid to confront bipartisan dishonesty;
[X] our politicians are afraid to confront deceit in campaigning & campaign reform; statistics lie - a politician’s masterpiece of deceit; taking the opponents words, votes and actions out of context;

We’ve got to realize that we’re all to blame if we keep picking away at the edges of the less important problems, keep ignoring our most fundamental problem, and keep being distracted by all the many tools used by politicians (e.g. partisanship, religion, race, gender, wealth, sexual preference, etc.).

Just like we shouldn’t care what anyone’s color, race, or gender is, we also should not care what anyone’s political party is either. Especially if it’s becoming a clever distraction, and keeping us from getting anything resolved, and wasting trillion$ of dollars, lives, and spending all our time campaigning, but rarely doing the real work to solve any really pressing problems. I no longer care what party anyone belongs to, because I no longer like being seduced into the divisive, deceitful, partisan bickering for the mere sake of irritating the other party. It’s not working! It hasn’t worked for some time now.

Many people think we just need to elect better politicians to office?
No. That’s no longer the problem. It no longer matters who you vote for, because the system is rotten. As sure as the sunrise, the malignancy known as political corruption and cowardice exists because we, the people, the voters, allow it to exist. We complain about it, but we tolerate it. It sustains itself because of our apathy, complacency, laziness, and resignation to futility. It is of our making, and its undoing can also be of our doing. But, voters must make it happen. It’s the only hope left, because it doesn’t seem government is going to do anything quickly, except vote themselves a raise. Time is running out, to restore the balance of power between the people and government, and resolve our many problems before they resolve themselves the hard way.

Posted by: d.a.n at June 7, 2005 02:34 PM
Comment #58621

AParker, that statement of mine was facetious. I am well aware that that is not in the bible. The point was that the religious believe all kinds of things are in their religious texts which aren’t. And that the Bible will be used to justify any act of anykind if it suits their purpose. The religious, even those in my own religion, are a very ends justifies the means sort of folks. Hence anything perpetrated in God’s name is justifiable, like war, torture, and exercise of free will. Now, replace Bible with Constitution. Same argument applies.

As for my haloe caucasion at the gates comment, it goes to the heart of the issue at hand. Facts vs. belief. There are no facts to support that image of Christ. Yet, it is a very widely held and promoted image. The concept of state sovereignty is a widely held and promoted issue image. But, the fact is, states have only the rights which the federal government wishes to confer upon them.

Reality, empiricism, stand in direct contradiction to those who believe that our Constitution can protect us from centralized autocratic non-democratic government using such quaint and antiquated beliefs in states rights which don’t really exist without the consent of the federal government.

Posted by: David R. Remer at June 7, 2005 02:41 PM
Comment #58634

d.a.n,

Without question you are a world class poster in terms of your knowledge of a wide variety of topics, you paragraph your thoughts almost perfectly, your examples of using “simple” and “complex” comparisons is unequalled and, the way you identify your bullet points defies finding a word worthy of description.

From memory your bullet point styles are :

1. ( )
2. (1)
3. (X)
4. [ ]
5. [2]
6. [X]

Some or all of the above have also been “bolded” for additional affect.

Posted by: steve smith at June 7, 2005 03:45 PM
Comment #58639

: ) Thanks !

Posted by: d.a.n at June 7, 2005 04:14 PM
Comment #58730

The mentioning of the commrece clause seems like a smoke screen used to stymie the eventual legalization of marijuana. I think that some of the justices feel that allowing medical marijuana will lead to the leagalization or decriminilization of it; which they definetly do not want. As a result they are willing to create reasons for the federal government to prosecute regardless of past precedent on states rights vs. the federal government - “The court said, for example, that Congress can’t use the clause to legislate against sexual assaults or to regulate gun possession near schools.” These rulings would seem to contradict their current stance since medical marijuana also has nothing to do with the commerce clause. So much for consistency. These people are out of touch with the general populace and I don’t think that they have enough life experience to be making these kinds of decisions for everyone else. I would be willing to bet that none of them have tried marijuana and that they believe some of the irrational myths about it.


This website - http://www.leap.cc/ “law enforcement against prohibition” makes the most credible and persuasive arguements for the legalization of marijuana that I have ever read. I suggest that you check it out.

Posted by: phil at June 8, 2005 05:03 AM
Comment #61364

I’m sure all of the judges wanted to allow Marijuana for medical purposes. However, if they start to pretend now, that states have the right to govern anything not specifically listed as congress’ power in the constitution, then they lose their power to rule on gay marraige and a whole slew of other “progressive” agenda ideas being shoved down our throats (pun intended)

Marijuana: Remember, it was suppose to be good at treating nausia. Remember, it was approved for cancer patients who while on Kemotherapy, to provide relief for the nausia caused by the Kemo.

Does anyone remember ?

The lady who brought the lawsuit, didn’t have cancer, she had lower back pain. LOWER BACK PAIN ?!?!?! Hell, you can fake that. Marijuana was never suppose to be used as a pain killer. We have plenty of PAIN KILLERS, many of which don’t cause lung cancer. Why wasn’t she using demoral ?? Because she wanted to get buzzed and the pain probably wasn’t that bad anyway.

Posted by: James at June 20, 2005 11:45 AM