” Support for decentralizing power and rolling back overreaching federal acts continues to gain traction within the “mainstream” political establishment. Even some who generally support the DC-centric system seem to be recognizing that the federal government has completely torn itself away from the constitutional moorings meant to limit its power.
Friedman’s Huffington Post article stands out in its consistent application of constitutional principle across the political aisle. The NYU professor grasps what eludes many American partisans: if the feds can control marijuana, they can control weed – and vice versa. And maybe they shouldn’t exercise quite so much control.
Friedman opens his article outlining the recent Kansas law nullifying federal gun acts, specifically provisions involving firearms manufactured and remaining within the state. He even includes the obligatory misapplication of the supremacy clause. But then, he suddenly goes all “tenther” on us.
Still, Kansas may be on to something. As the brewing collision of federal and state marijuana laws makes clear, there has to be some room for the states to have a say in what goods their citizens can possess and use. Eighteen states have legalized marijuana for medical purposes, and Washington and Colorado just did so even for recreational use. The problem is, what Colorado allows, federal law prohibits. Can the states opt-out from the federal laws?
But Friedman proposes a solution that illustrates the root of the problem: allowing the federal government to determine the extent of its own power.”