How did / do we (the people) decide which decisions are made at the federal level, and which are made at the state level?

Federal laws are the ultimate rule of our nation and Federal law still considers cannabis a dangerous illegal drug with no acceptable medicinal value. But….Department of Justice (DOJ) issued a guidance memo to prosecutors concerning marijuana enforcement under the Controlled Substance Act (CSA) making it clear that prosecuting state legal medical marijuana cases is not a priority.

The bottom line is a state can enhance Federal laws that is to make them tougher and more punitive but they cannot undermine, lesson or “harm” Federal law such as making pot legal state level when it is illegal at the Federal level. Since the DOJ recognized the increasing demand for medical and recreational use of Pot they have all but admitted they will turn a blind eye to states usurping Federal law by passing state laws that legalize or decriminalize Pot. I am pretty sure once enough states get on board with decriminalizing pot the Federal statutes will be amended. Sales tax on Pot and lessening the burden on the court systems is what is really behind this push by states to legalize Pot.

Thanks @Cruiser.

“But Obama can do it if he wants to!” No, he can’t.”

But oh he did.

Obama’s record of Constitutional abuses is literally as long as my forearm.

No wonder these days kids think the Office of President is tantamount to King.

◾Used Executive Privilege in regards to Fast & Furious gun running scandal. When Government misconduct is the concern Executive privilege is negated.

◾23 Executive Orders on gun control – infringement of the 2nd Amendment

◾Executive Order bypassing Congress on immigration – Article 1 Section 1, ALL Legislative power held by Congress
◾NDAA – Section 1021. Due process Rights negated. Violation of 3rd, 4th, 5th, 6th, and 7th Amendments.

◾Executive Order 13603 NDRP – Government can seize anything

◾Executive Order 13524 – Gives INTERPOL jurisdiction on American soil beyond law enforcement agencies, including the FBI.

◾Executive Order 13636 Infrastructure Cybersecurity – Bypassing Congress Article 1 Section 1, ALL Legislative power held by Congress

◾Signed into law the establishment of NO Free Speech zones – noncompliance is a felony. Violation of 1st Amendment.

◾Attempt to tax political contributions – 1st Amendment

◾DOMA Law – Obama directed DOJ to ignore the Constitution and separation of powers and not enforce the law.

◾Dodd-Frank – Due process and separation of powers. Consumer Financial Protection Bureau writing and interpreting law. Article. I. Section. 1

◾Drone strikes on American Citizens – 5th Amendment Due process Rights negated

◾Bypassed Congress and gave EPA power to advance Cap-n-Trade

◾Attempt for Graphic tobacco warnings (under appeal) – 1st Amendment

◾Four Exec. appointments – Senate was NOT in recess (Court has ruled unconstitutional yet the appointees still remain)

◾Appointing agency czars without the “advice and consent of the Senate.” Violation of Article II, Section 2

◾Obama took Chairmanship of UN Security Council – Violation of Section 9.

◾Obamacare (ACA) mandate – SCOTUS had to make it a tax because there is no Constitutional authority for Congress to force Americans to engage in commerce.

◾Contraceptive, abortifacients mandate violation of First Amendment

◾Healthcare waivers – No president has dispensing powers

◾Refuses to acknowledge state’s 10th Amendment rights to nullify Obamacare

◾Going after states (AZ lawsuit) for upholding Federal law (immigration) -10th Amendment.

◾Chrysler Bailout -TARP – violated creditors rights and bankruptcy law, as well as Takings and Due Process Clauses – 5th Amendment (G.W. Bush also illegally used TARP funds for bailouts)

◾The Independent Payment Advisory Board (appointees by the president). Any decisions by IPAB will instantly become law starting in 2014 – Separation of Powers, Article 1 Section 1.

◾Congress did not approve Obama’s war in Libya. Article I, Section 8, First illegal war U.S. has engaged in. Impeachable under Article II, Section 4.

◾Obama falsely claims UN can usurp Congressional war powers.

◾Obama has acted outside the constitutional power given him – this in itself is unconstitutional.

◾With the approval of Obama, the NSA and the FBI are tapping directly into the servers of 9 internet companies to gain access to emails, video/audio, photos, documents, etc. This program is code named PRISM. NSA also collecting data on all phone calls in U.S. – Violation of 4th Amendment.

◾Plans to sign U.N. Firearms treaty – 2nd Amendment.

◾The Senate/Obama immigration bill (approved by both) raises revenue – Section 7. All Bills for raising Revenue shall originate in the House of Representatives;

◾Obama refuses to uphold the Business Mandate Law (ACA) for a year. President does not have that authority – Article. I. Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States. The president ”shall take care that the laws be faithfully executed” -Article II, Section 3.

Please note the following. I am not stating that all previous Presidents are not guilty of overreach. I am not claiming that Obama was successful at all the above attempts. I am merely showing our current President’s obvious disregard for Constitutional limitations.

Also, GQ.

According to the Constitution, all the powers that are not expressly given to the Federal government are reserved to the states.

@SecondHandStoke Please name three Constitutional “abuses” by Obama with no precedent by any other President.

^ More than done.

@zenvelo even if every other President had done all of the things that @SecondHandStoke itemized – and more! – does not make anything on that list okay. And that is a masterful list, btw.

@Cruiser, your categorical statement that “Federal laws are the ultimate rule of our nation” is incorrect, and will be no matter how many times you say it.

I’m amazed to find that @janbb and I can find common ground, politically.

Your representatives! Bwahahahahahahaha!!!!!!

@CWOTUS I am open to elucidation on how short of a SCOTUS intervention can State laws can Constitutionally trump Federal laws. Please remove my amazement that you can think this so.

@CWOTUS it would appear that we both remember our civics lessons.

Remind them that we’re a republic and not a dictatorship.

The federal government was created after the state governments, which were made when we colonized. Before the Constitution, there were many people who were in favor of a federal government. They were called Federalists. They anonymously wrote articles in the newspapers promoting a government to unite the states. This laid out all of the reasons and uses for the federal government.

(One of the more popular reasons for creating the union was talked about in Federalist 10: preventing a corrupt majority from taking over a land. This “tyrannic majority” was referred to as a faction.)

Congress is the legislative branch. That means they’re the ones that make laws. Anyone, including the president, can write laws that can go through the long process of being passed. No one branch of the three are “stronger” than the other. We have a system of checks and balances to prevent this.

Please inform me, @Cruiser, how anti-drug laws are Constitutional. That is, what is the basis in the Constitution that underpins the entire DEA and other Federal apparatus to prosecute “drug crimes”. What wording of the Constitution gives the federal government the power to legislate drugs in any way?

If you will also recall from high school Civics, we passed a Constitutional amendment to outlaw liquor in the United States. So at least the laws that flowed from that were merely stupid, as opposed to being unconstitutionally stupid. They did have a basis in the amended Constitution. What can you point to with respect to someone who wants to grow and use pot in, say, Washington, DC – where the local citizens have actually voted to legalize the stuff, but Congress has passed laws that say it can’t even be talked about in City government meetings (which Congress funds).

Your idea that “Federal law trumps state laws” presupposes the constitutionality of the federal laws. I believe that a strict reading of the Constitution would negate, oh, three-quarters or more of federal laws.

We could talk about the Second Amendment, too, and how “shall not be infringed” apparently doesn’t mean what the words themselves actually mean, somehow.

Are you serious @CWOTUS? Are you saying there should be no such thing as an illegal drug?
I might point out that there is no wording in the Constitution about legislating planes, trains or automobiles OR the internet.

@CWOTUS You then of anyone here should know the Constitution gives full authority for Congress to pass laws that govern all of the states and it’s peoples and the Controlled Substance Act was one such law that lists Marijuana as a class 1 controlled substance. So states are obligated to abide by that law.

Further more, the constitutional doctrine of preemption generally prevents states from enacting laws that are inconsistent with federal law. Under the Supremacy Clause, state laws that conflict with federal law are generally preempted and therefore void. And as I have said already, the DOJ made it clear that prosecuting state legal medical marijuana cases is not a priority.

@Cruiser you should point to the “full authority” you claim that the Constitution has to pass such laws. It simply isn’t written into the Constitution. It. Does. Not. Exist.

I don’t doubt for a second that the Controlled Substances Act has been passed and vigorously enforced, but its constitutionality has only been upheld on the flimsy pretext of “regulating interstate commerce”, as have many other acts of similarly dubious – spurious – legality.

Really, don’t take my word for it. Read the US Constitution with a particularly careful reading of Article 8, “Powers of Congress”. The validity that you claim is nonexistent.

@CWOTUS I made my points based on the full authority expressed in the Constitution from the following

Article 1 – The Legislative Branch
Section 8 – Powers of Congress
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Ammendment 10
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.

@Dutchess_III There is Federal marijuana law which preempts state law. The states that have completely decriminalized and legalized marijuana have no control over the Federal government moving into that state for the purpose of enforcing Federal law.
The Constitution gave the Feds very little power but they have abused the commerce clause ad nauseam. Of course drugs come under Federal power because they affect commerce as well as health and safety of citizens. So citizens using drugs because the states have legalized them have no defense to a Federal charge.

http://norml.org/laws/item/federal-penalties-2

Good point @MollyMcGuire. They’ve just decided to look the other way.

Well, maybe a petition to congress IS in order.

They are under no obligation to look the other way. Even a statement by the AG can be rescinded with the change in wind direction.

@Dutchess_III

@Cruiser this discussion is pointless. It doesn’t matter what powers you think the Federal government has, unless you can point to actual wording in the Constitution that grants those powers. For that reason – regardless of bad laws upheld by worse Supreme Court decisions on specious grounds – “federal drug laws” are unconstitutional. You can have all the feelz you want on the issue, but the words in the Constitution do not support your interpretation of those feelz into legislation.

@CWOTUS I did point out precisely where it is written in the Constitution plus my points were made not upon the gazillion court cases that may support your (and or my) arguments here…I simply presented to you the core original constructs of the Constitution as it was written 200+ years ago that clearly spells out that our Federal Laws trump ALL state laws no if’s and or butts. If you want to get cute and argue watered down statutes that the DOJ has made it clear they will no longer pursue then you are free to do so and please don’t let me stop you.

I could easily argue plenty of reasons the sun rises in the west and sets in the east butt that will not make it so. Sheesh.

No, @Cruiser, you did not. You pointed to where you suppose the words should be and you made quite grand claims about what the powers that Congress should have ought to be, but you have not pointed to any actual words in the US Constitution that support your grand ambitions. Like I said, it’s a pointless discussion. I agree that federal law – based on the Constitution – overrides state laws that would be contrary, but (not “butt”) federal law not based on the Constitution is invalid.