Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Rule of Law Goes to Pot
Townhall.com ^ | January 5, 2017 | Erick Erickson

Posted on 01/05/2018 5:32:19 AM PST by Kaslin

We are supposedly a nation of laws, not men, but our lawmakers have ensured over the years that we are increasingly at the whim of men, elected or appointed, instead of the law. Attorney General Jeff Sessions has declared that he will reverse an Obama Administration position allowing states to decide on marijuana legalization. Now, local United States Attorneys will be empowered to decide.

But neither the Obama Administration nor Jeff Sessions should do anything other than enforce the law, and federal law criminalizes marijuana. The solution here is not to ignore the federal law, but to repeal it. To do otherwise empowers individuals beyond the rule of law and puts the whims of officials ahead of the will of the people.

Near where I live, a local police officer pulled over a man for the audacious offense of driving while eating. There was no complaint and there was no evidence that the man was distracted in his driving. But the young police officer decided to use the distracted driving charge to ticket the man, whose local officials eventually threw out the citation. We live in an age where there are more and more complaints of overzealous police officers and overzealous cities nickel and diming the citizenry on old laws.

The correct remedy is to repeal stupid laws. Again, as long as the law is on the books, it allows a bureaucrat or politician to have extraordinary and capricious control over your life. It allows politicians to change their minds and reverse other policies. It puts men ahead of the law. And our Congress is notoriously good at passing laws then abdicating their constitutional responsibilities to bureaucrats who they can blame at election time.

You may think there is nothing wrong with legalized marijuana. All but three states now have some form of legalized medical marijuana and several states now have legalized recreational marijuana. California is the latest and also a case study in the legalization of marijuana as a new form of revenue and regulation.

Regardless, as long as a federal law is on the books making marijuana possession a criminal act, a bureaucrat in Washington can wipe out the market and a thriving industry. You can scream all you want that they should not do it, but they can and the only thing in life more certain than even death and taxes is that a bureaucrat will act arbitrarily and capriciously when the mood strikes.

This, though, is the logical outcome of the federal government stepping in to the criminal law field, something our founders would be appalled by. Tough on crime politicians run for federal office insisting they will make federal criminal laws and the result is placing people in situations where they can be prosecuted under a state law, then have a federal prosecutor prosecute them for the same thing when a U.S. Attorney seeks to build his name for his own run for office. No, it is not double jeopardy because the federal government and state governments are separate entities. Ironically, many of the tough on crime politicians getting elected to expand the federal criminal law are also Republican politicians who claim to want to return power to the states.

When John F. Kennedy was assassinated there was no federal law criminalizing the assassination of a President. Only in 1965 did Congress act. Now we have a federal crime for virtually anything you can think of and federal bureaucrats with their own SWAT teams to enforce not just criminal laws, but bureaucratic regulations.

Congress should scuttle most of the federal criminal law in an effort to restore the balance of power to the states. I am indifferent on marijuana legalization, but many states are not and Congress should let the system and rule of law work instead of undermining the rule of law by empowering the arbitrariness and capriciousness of men.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: agsessions; cannabis; dopefiends; federallaw; hippies; jeffsessions; liberaltarian; marijuana; pot; potheads; scromiting; tenthamendment; trumpdoj; weaklingsondrugs; whining; wod
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-89 next last
To: Kaslin
The Rule of Law Goes to Pot

It is difficult to maintain the Constitution's guarantee of a Republican Form of Government when the Progressive agenda instructs their liberal, socialist, and democrat supporters that America is a democracy, which means to them that the majority can trump the law.

21 posted on 01/05/2018 7:01:14 AM PST by MosesKnows (Love Many, Trust Few, and Always Paddle Your Own Canoe)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MosesKnows

excellent point


22 posted on 01/05/2018 7:02:56 AM PST by Kaslin (Quid est Veritas?: What Is Truth?)
[ Post Reply | Private Reply | To 21 | View Replies]

To: WayneS

MOST OF THEM. WITH THE NEW PAIN LAWS GOING INTO EFFECT JAN 1 BOTH STATE AND FED DOCTORS NOW FEAR SCRIPTING ANY OPIOID. AND IS HAVING GRAVE CONSEQUENCES. UNCONTROLLED LEVEL 10 PAIN LEADS TO HYPER TENSION. I’ve got a NEW BETA CHANNEL BLOCKER I didn’t NEED before. More Blood Labs to do. Higher risk of a heart attack.

THE OPIOID CRISIS IS AS FAKE AS ALBORE’S GLOBAL WARMING.

10 Myths of Opioid Crisis
https://www.painnewsnetwork.org/stories/2017/12/24/10-myths-about-the-opioid-crisis

Opioid Addiction Is a Huge Problem, but Pain Prescriptions Are Not the Cause
https://blogs.scientificamerican.com/mind-guest-blog/opioid-addiction-is-a-huge-problem-but-pain-prescriptions-are-not-the-cause/

Chasing the wrong Epidemic
https://thecrimereport.org/2018/01/02/chasing-the-wrong-epidemic/

HISTORY OF DRUG TRAFFICKING
http://www.history.com/topics/history-of-drug-trafficking

Illegals responsible for 3/4th of fed drug possession...smugglers
http://www.washingtonexaminer.com/illegal-immigrants-responsible-for-almost -three-fourths-of-federal-drug-possession-sentences-in-2014/article/2567814

The truth about crime, illegal immigrants and sanctuary cities
http://thehill.com/blogs/pundits-blog/crime/329589-the-truth-about-crime-illegal-immigrants-and-sanctuary-cities


23 posted on 01/05/2018 7:04:52 AM PST by GailA (Ret. SCPO wife: suck it up buttercups it's President Donald Trump!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Repeal The 17th
Erick Erickson ... I stopped reading right there.

you stopped reading because you are ignorant

24 posted on 01/05/2018 7:16:34 AM PST by Kaslin (Quid est Veritas?: What Is Truth?)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Wolfie

If the “rule of law” mattered, Marijuana Prohibition could not have happened without a Constitutional Amendment.

_________________________________________________________

This way of thinking has been dead since before the New Deal. The overwhelming majority of Americans simply defer to the authority of Federally-passed laws of court decisions made by the SCOTUS. Why go through the trouble of adding an amendment when you can simply stack the SCOTUS with ideologues who interpret the Constitution differently?


25 posted on 01/05/2018 7:18:33 AM PST by Bishop_Malachi (Liberal Socialism - A philosophy which advocates spreading a low standard of living equally.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Wolfie

“If the “rule of law” mattered, Marijuana Prohibition could not have happened without a Constitutional Amendment.”

This x1000


26 posted on 01/05/2018 7:21:27 AM PST by TheStickman (#MAGA all day every day!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Really?
That’s all you got?
Gee, thanks.
E.E. is the ignorant, unapologetic, never-trumper, not me.


27 posted on 01/05/2018 7:29:34 AM PST by Repeal The 17th (I was conceived in liberty, how about you?)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Repeal The 17th
Really? That’s all you got?

Marijuana, (Mary Jane, THC) remains a federally mandated controlled substance.

I think this is a major rope-a-dope that Sessions pulls out while DOJ continues to work with the Patriot agents in FBI. Now that the Clinton Foundation investigation has been given a green light, they can dust off all of the work hampered by Comey/McCabe et.al. and get some work done.

28 posted on 01/05/2018 8:01:08 AM PST by Dustoff45 ( Do not kick the can on DACA, call 911)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Kaslin



Soros and his Soros-Juana Warriors (SJWs) just had a messy orgasm over this pro-pot article.



29 posted on 01/05/2018 8:06:04 AM PST by Vision Thing (You see the depths of our hearts, and You love us the same...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yefragetuwrabrumuy

“but instead he intends to waste huge amounts of time and money on this instead of doing his job.”

Waadayamean? There’s a lot of money to be made in shutting down and confiscating assets of these criminal marijuana enterprises. Aren’t you a law and order conservative?


30 posted on 01/05/2018 8:07:05 AM PST by Mashood
[ Post Reply | Private Reply | To 13 | View Replies]

To: oldasrocks

Marijuana doesn’t fry your brain, but anti pot propaganda does.

https://hightimes.com/culture/9-of-the-smartest-pot-smokers-who-ever-walked-the-planet/


31 posted on 01/05/2018 8:40:51 AM PST by edzo4 (Democrats playbook = promise everything, deliver nothing, blame someone else.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: edzo4



Intelligence does not equal strength, independence, or stability.

WeedWussiness equals weakness, dependence, and instability.




32 posted on 01/05/2018 8:52:35 AM PST by Vision Thing (You see the depths of our hearts, and You love us the same...)
[ Post Reply | Private Reply | To 31 | View Replies]

To: MarvinStinson

Another post by a devout nanny-stater :)


33 posted on 01/05/2018 8:53:52 AM PST by TheStickman (#MAGA all day every day!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Vision Thing

You are right on.

Especially among the young, who where I live get their start-up from their parents.


34 posted on 01/05/2018 8:56:12 AM PST by Fightin Whitey
[ Post Reply | Private Reply | To 32 | View Replies]

To: Fightin Whitey



Given the so-called 'intelligence' of the potheaded TrigglyPuffers, you'd expect they'd use their intelligence for once to recognize that their existential state consists of weakness, dependence, and instability.

But then again, no.

It's a bad bet to have such expectations of the potsies.

They may be high, but we'll keep our expectations of them low. :)




35 posted on 01/05/2018 9:03:55 AM PST by Vision Thing (You see the depths of our hearts, and You love us the same...)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Kaslin
I know we are supposed to hate this guy, but this is about the clearest statement on why "tough on crime" congresscritters are absolutely bassackwards on policy.

There should be almost no federal crimes. The vast majority of crimes should be state or local. Period.

36 posted on 01/05/2018 9:22:53 AM PST by who_would_fardels_bear
[ Post Reply | Private Reply | To 1 | View Replies]

To: Vision Thing

I was a steady daily drinker for nearly 25 years.

So I can’t throw rocks in too many directions.

All I know is that clarity is best, and that I was lucky to get out while I still had some life ahead.


37 posted on 01/05/2018 9:26:31 AM PST by Fightin Whitey
[ Post Reply | Private Reply | To 35 | View Replies]

To: Fightin Whitey



I drink occassionally, but not for the feeling of drunkenness, but for the taste.

I drink coffee everyday.

However, I don't worship alcohol and coffee. Pot people worship pot.

That's why I don't consider us as "casting stones" at the stoners when we zonk them on their potheads! Lol!



38 posted on 01/05/2018 9:38:05 AM PST by Vision Thing (You see the depths of our hearts, and You love us the same...)
[ Post Reply | Private Reply | To 37 | View Replies]

To: Lurker

Get the DEA and the US Controlled Substances Act to explain to you.


39 posted on 01/05/2018 9:44:51 AM PST by MarvinStinson
[ Post Reply | Private Reply | To 19 | View Replies]

To: MarvinStinson

“Get the DEA and the US Controlled Substances Act to explain to you.”

Try forming a coherent sentence next time.

L


40 posted on 01/05/2018 10:09:37 AM PST by Lurker (President Trump isn't our last chance. President Trump is THEIR last chance.)
[ Post Reply | Private Reply | To 39 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-89 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson