RE: DEA FIGHTING WRONG BATTLE WITH MARIJUANA RAID

Recent columns on The Wichita Eagle's opinion pages by David Broder ("DEA
fighting wrong battle with marijuana raid," Nov. 11) and Clarence Page
("Citizens deserve the right to die," Nov. 13) brought up some important
issues regarding state rights. The actual topics of the articles were
different, but both brought to light the overbearing interference of the
federal government into what is the right of the states to set their own
policies and laws.

The only crimes over which the federal government is granted jurisdiction by
the original articles of the Constitution are "counterfeiting the Securities
and current Coin of the United States," "Piracies and Felonies committed on
the high seas, and Offenses against the Law of Nations" (Article 1, Section
8), and "Treason against the United States" (Article 3, Section 3), which is
defined in detail.

In addition to the above, amendments to the Constitution empowered the
federal government to enforce prohibition of slavery and involuntary
servitude (13th Amendment), as well as equal voting rights for all competent
citizens regardless of previous condition of servitude or gender (15th and
19th Amendments).

This is the sum of the criminal jurisdiction granted to the federal
government by the Constitution.

I don't see any part of the U.S. Constitution where the power to prohibit
any drug is granted to the federal government (except alcohol, by the terms
of the subsequently repealed 18th Amendment).

We all need to hold our government officials to the limits of the
Constitution and allow states to experiment with improving society. This
could include such things as allowing medical and/or recreational use of
drugs that are now illegal and taking different approaches regarding death
with dignity.

The 10th Amendment to the Constitution, the last item of what has been
celebrated as the Bill of Rights for more than two centuries, reads "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."

When the federal government interferes in the rights of the states to manage
their own affairs, it is violating the very Constitution whereby its proper
powers are defined and granted. Federal officials -- including Attorney
General John Ashcroft, members of Congress and many others -- should receive
the righteous wrath of the American people when they violate the terms of
our Constitution.

When the federal government exceeds its proper limitations and imposes its
will over the states, it not only violates the Constitution but it also
prevents solutions to our problems from being discovered and implemented by
other states. It prevents our society from redressing wrongs and advancing
civilization and the quality of life for all Americans.

We should allow the states to exercise the almost limitless sovereignty that
the Constitution recognizes. To do otherwise is to do a grave disservice to
our nation and all those who have sacrificed life and limb to keep and
preserve the Constitution of the United States of America.