Tuesday, February 9, 2016

Unit 1 Article Constitutional Underpinnings and Federalism

2/9/16
This is Your Federalism on Drugs:
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/28/this-is-your-federalism-on-drugs/

Synopsis: Marijuana is now becoming legal in several states. Some are questioning if states choosing to make marijuana possession and use for medical reasons is over stepping their rights as a state. There is said to be a fine line between use for medical reasons and recreational use and the pro's and con's of how this could affect a state. Under federal law the use and possession of marijuana is illegal so should states be allowed to choose and make their own laws regarding marijuana? Former Florida governor Jeb Bush has stated that he wanted marijuana to remain legal in Florida, but he also believed that it should be a states decision to choose how they treat marijuana in their own state. This is a states right to make the decision. If a state makes it legal, the federal laws are still in affect, banks and attorneys will have to follow by the federal law, whether their state has legalized marijuana or not. The federal and state government share concurrent powers, allowing both of them to change their own laws.

   

Analysis: This article accurately represents the rules of federalism and what rights the federal government has compared to the state government. By law states do have the right to decide their stand point on things such as marijuana use. Colorado, California and other states have chosen to make marijuana legal, but the federal laws will always be in tact stating that the use and possession of marijuana is illegal. This will continue to be controversial on how interstate regulations and convictions will be handled. As stated before, federal owned and run groups such as banks and attorneys will be required to follow by the federal laws, not the state laws. This follows the Supremacy Clause which states that federal laws are supreme over state laws, this is the act of preemption of federal laws overriding state laws.


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