We Won't Interfere Unless We Decide To
The Drug War Chronicle notes that last week John Kerry said he opposes federal interference with Oregon's medical marijuana and assisted suicide laws. But it was not exactly a ringing endorsement of federalism. "Individual states have the right to make a decision until the federal government has made an alternative one," Kerry told a Portland TV station, adding that "we don't have the information to make that, period." At best, Kerry seems to be saying that in these particular areas the feds don't know enough (yet?) to override the states, not that the Constitution bars them from doing so. Still, Kerry's approach sounds better than the Bush administration's heavy-handedness, which flies in the face of the president's avowed dedication to "the strict interpretation of the law."
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Kerry's trying to drift in that middle zone that maximizes the number of people who think he's saying what they want to hear.
When a major party candidate decides to "drift in that middle zone that maximizes the number of people who think he's saying what they want to hear," does that usually mean that he's more supportive of the WoD than his audience, or less?
Remind me again, is it strict drug warriors who moderate their positions on the stump, or is it weak drug warriors (or anti-warriors) who try to come off as harder-on-drugs than they actually are?
Oh for fuck sake. Who gives a crap what a man running for office says.
joe,
does that usually mean that he's more supportive of the WoD than his audience, or less?
I believe Joe Majsterski's point is that we plum don't know because he (Kerry) wants both those more and less supportive of the WoD to think he agrees with them.
Yep. And it obviously worked on joe.
But given that marijuana (medical or not) is a Schedule 1 narcotic, doesn't that mean the federal government has already made a decision that supercedes Oregon law? This sounds like just another trying-to-have-it-both-ways statement from Kerry, as the first post points out.
I must have been absent that day in high school when they taught the federal government's power over the states is limited only by the federal government's imagination. Surely this is not one of the prouder moments for Kerry supporters. Or maybe many of them believe the same...
We Won't Interfere Unless We Decide To
Well, that's reassuring! And we can trust him because he's from the government and he's here to help! ;->
Another thought on federalism and the drug war:
Banning alcohol at the federal level took a Constitutional amendment. Why doesn't banning pot require such an amendment?
I know, I know, the whole "enumerated powers" thing was dispensed with a while ago in favor of saying that the feds can regulate anything they want with a handful of possible exceptions (those exceptions being the few things that 5 Supreme Court Justices don't consider a "compelling state interest"). Well, since it took an amendment to ban alcohol at the federal level, one could argue that banning other intoxicating substances might also be among those exceptions.
Has anybody ever challenged drug prohibition on the grounds that it is unconstitutional, and used alcohol prohibition as an example? I have no illusions that such a case would prevail in court, but it would be interesting to hear if it's at least been tried.
One thing we know for sure: whatever Kerry's position on the drug war is, joe agrees with it. 😉
Has anybody ever challenged drug prohibition on the grounds that it is unconstitutional, and used alcohol prohibition as an example?
I believe the position of the courts is that a constitutional amendment shouldn't have been necessary to ban alcohol -- basically, that the courts of early 20th century America were interpreting the Constitution incorrectly at the time.
"whatever Kerry's position on the drug war is, joe agrees with it."
Actually, this is the one area where I disagree with Kerry strongly. He's a softer, less enthusiastic drug warrior than most elected officials, but he has not said boo about the failures of the drug war. I disagree with the prohibition of drugs, and believe they should be legalized and regulated like alocohol.
But the choice this year, if you're voting to try to win, is between bad and worse. Though it's damning with faint praise, Kerry would have the most libertarian position on the WoD of any president in the last 40 years. Still not good enought, but for now, you can either waste your vote, or decide between Kang and Kodos.
joe,
Wow! You disagree with Kerry on something.
I take back all those times I called you a partisan hack.
I also think he was wrong to vote for the Use of Force resolution. The number of people who thought they could take George Bush at his word amazes me.
Was Kerry wrong to have voted against liberating Kuwait in 1991? Do you see the current situation as a different phase of that same war? (I'm guessing "no")
slacker,
Let's not push it. joe already disagrees with Kerry on something -- I don't think I can survive many more challenges to my worldview this morning...
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