Wednesday, November 14, 2007

States' Rights There's a conversation going on around the blogs about the sometimes controversial term "states' rights." See Grits for Breakfast's response to a Bob Herbert article touted by Big Tent Democrat and responses by Jeralyn Merritt and then Alex. I'll add my quick two cents. First cent: At a time when federal authoritarianism is ascendant, I'll take the pitfalls of states' rights any day. It's much easier to move to another state for justice than another country. Second cent: "It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." - Supreme Court Justice Louis Brandeis 9:44:19 PM |  drug policy | Links | permalink | comment []

The Straight Talk Express Via Hit and Run John McCain on medical marijuana on a conference call A questioner named Jonathan... asked "Should federal law supersede the will of the people in a given state when it comes to medical marijuana?" McCain started chuckling. "The will of the people, my friend, is that medical marijuana is not something that the quote 'people' want," he responded. "Certain people feel strongly about this issue, and they show up at most town hall meetings, obviously feel very strongly about it. There is no convincing evidence...there's evidence, but no convincing evidence to me that medical marijuana relief of pain and suffering cannot be accomplished by prescriptions from doctors... So, when you're talking about the will of the people, you're going to have to show me the will of the people besides the will of a small number of people who feel very strongly about the issue, as obviously you do." The questioner mentioned that voters approved of medical marijuana in a California referendum. "There may be times when the will of the people, for example Iraq, the will of the people, unfortunately is that we withdraw from Iraq immediately or very very soon," McCain shot back. "I don't share that view of the will of the people." The will of the people isn't the will of the people, except when it is the will of the people, in which case my will is really the will of the people, whether they know it or not. Authoritarians. 7:18:25 PM |  drug policy | Links | permalink | comment []

Hemp and other signs of a free society On Wednesday, potential hemp growers take on the DEA in court with oral arguments in... Bismark, North Dakota. It's likely to be an interesting time -- I wish I could be there. Here's what makes it interesting. From any logical perspective and any reasonable interpretation of the Constitution, it's a no-brainer -- the DEA doesn't have a leg to stand on. However, given the pathetic tendency of our courts to bend over for the government whenever the drug war is mentioned, even peripherally (Raich, Caballes, et al), it seems perfectly likely that the DEA will win. I'm waiting for some kind of signal from the courts that there are limitations to government power. And we certainly can't seem to turn to Congress for help. 12:17:09 AM |  drug policy | Links | permalink | comment []