FEDERAL GOVERNMENT WRONG IN ITS MARIJUANA CRACKDOWN

U.S. prosecutors are presently informing marijuana dispensaries in
California that they have 45 days to cease operations or face criminal
charges and confiscation of their property.

The dispensaries are operating legally under state law, but according
to a letter sent to at least a dozen marijuana dispensaries in San
Diego and obtained by the Associated Press, federal law "takes
precedence over state law and applies regardless of the particular
uses for which a dispensary is selling and distributing marijuana."

There's only one problem with this assertion. The U.S. Constitution
doesn't give the federal government any authority whatsoever to ban
marijuana that's grown, sold and used within the state of California.

True, there's a clause in the Constitution that gives federal laws
supremacy over state laws, but there's a big qualifier in it: only
laws made "in pursuance" (following or carrying out) of the
Constitution take precedence over state laws. A federal law that is
not made "in pursuance" of the Constitution is unconstitutional.

The supremacy clause, which can be found in Article VI, states: "This
Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made,
under the Authority of the United States, shall be the supreme Law of
the Land; and the Judges in every State shall be bound thereby, any
Thing in the Constitution or Laws of any State to the Contrary
notwithstanding."

There's no use arguing that the supremacy clause gives the federal
government unlimited power.

The entire Constitution prohibits the federal government from
exercising unlimited power. "Shall the more doubtful and indefinite
terms be retained in their full extent, and the clear and precise
expressions be denied any signification whatsoever?" a frustrated
James Madison asked in Federalist No. 41. This is not a new problem.

Many people who read the proposed Constitution in 1787 were concerned
that it didn't do enough to restrain the power of the federal
government. That's why the First Congress adopted 10 amendments before
the chairs were warm.

The Bill of Rights is a long list of things the federal government is
specifically not allowed to do, plus the Ninth Amendment to make it
clear that there were lots of other things the federal government
wasn't allowed to do, plus the Tenth Amendment to make it absolutely
clear that any power not delegated to the federal government by the
Constitution was a power that belonged to the states or to the people.
It couldn't have been more "clear and precise."

So if you're one of the millions of Californians who are doing a slow
burn today because the Obama administration's Justice Department is
shutting down pot dispensaries that are operating lawfully in
California, here's some free advice: Count to 10, slowly. Then, read
the Tenth Amendment.

Wouldn't it be ironic if the Progressive movement toward greater and
greater national control of every part of life was completely undone
by a national uprising of states' rights fervor over marijuana laws?
James Madison would be proud to know that generations of college
students were studying the principles of federalism at every Grateful
Dead concert they ever attended.