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Neither tort reform nor the “War on Drugs” trump the Tenth Amendment

It is de rigueur for some politicians to declare themselves believers in constitutionally limited government.

It seems this belief is limited, all too often, when the principles of constitutionally limited government conflict with something they believe to be a “great idea.”  Apparently “great ideas” trump the constitution. 
Many Republicans are proponents of tort reform. They believe frivolous lawsuits drive up the cost of doing business and that capping damages in civil lawsuits is a great idea.
There is such a bill pending in Congress. It would

“…put a three-year statute of limitations on medical lawsuits, cap non-economic damages at $250,000, and limit punitive damages to $250,000 or twice the economic damages, whichever is greater. It would apply to lawsuits in federal and state courts…”

Apparently this is such a great idea it trumps the Constitution. 
Nowhere among the enumerated powers of Article I, Section 8 is Congress given the authority to tell states how to run their civil justice systems. To argue that the Commerce Clause authorizes Congress to do so is a purely progressive notion. It is a repudiation of the Tenth Amendment. It is  repudiation of a constitutionally limited government. 
Yet it is Republicans, the party that proclaims itself the “limited government” party, that is behind this bill.
Those Republicans in favor of this bill believe tort reform trumps the Constitution.
They either do not understand what they are doing or they have very malleable principles.
Likewise, any congressperson proclaiming to be a believer in the Tenth Amendment should be working to defund the DEA’s effort to crack down on medical marijuana providers in states that have legalized the plant for such use.  To the extent marijuana is planted, cultivated, harvested, sold and consumed entirely within a state, one cannot be consistent and support both the DEA enforcement of these federal laws and the Tenth Amendment. The federal government has zero legitimate authority to enforce federal laws against such medical marijuana. (Yes, I know the U.S. Supreme Court has ruled to the contrary. However, the Supreme Court can declare the sun is the moon, but it does not make it so.)
The current conflict between the DEA and state law presents an excellent opportunity for states to assert their sovereignty under the Tenth Amendment. Colorado, for example, should tell the federal government that enforcement of federal marijuana laws in Colorado is ultra vires and msut be stopped. If the feds persist, the federal agents acting unconstitutionally should be arrested by local or state law enforcement. 
Of course, such action in Colorado would require not only a principled belief in the Constitution, it requires balls. Sadly, both are entirely lacking among state officials.

This presents an excellent opportunity for those that believe in the United States Constitution: a chance to actually enforce it.

The Federal regulation of a plant grown in this state, harvested in this state, sold in this state and consumed in the state is a farce. None of the enumerated powers of Article, Section 8 gives the feds the authority to regulate this activity. Using the interstate commerce clause as a justification is nonsense, yet we countenance it because the US Supreme Court said we should. What sheep we are. The feds can not make the moon the sun by declaring it so. It is time we assert our sovereignty under the Tenth Amendment and stop the fed's unconstitutional usurpation of state power.

How many "conservative" Republicans would be willing to enforce the Tenth Amendment when the issue is marijuana? On the other hand, how many "progressive' Democrats want the feds to butt out of this issue, but want them involved in health care?

It is hypocrisy to pick and choose when the Constitution should be applied on a case-by-case basis depending on the issue. The enumerated powers and the Tenth Amendment always apply, even when you don't want them to.

Medical Marijuana and the Tenth Amendment

The Colorado Independent has an article (that I found thanks to Complete Colorado) on Obama’s Department of Justice potentially cracking down on the medical marijuana industry in states that have legalized it. (See “DOJ smack down of medical continues, raising questions in Colorado.“)
This presents an excellent opportunity for those that believe in the United States Constitution: a chance to actually enforce it.
The Federal regulation of a plant grown in this state, harvested in this state, sold in this state and consumed in the state is a farce. None of the enumerated powers of Article, Section 8 gives the feds the authority to regulate this activity. Using the interstate commerce clause as a justification is nonsense, yet we countenance it because the US Supreme Court said we should. What sheep we are. The feds can not make the moon the sun by declaring it so. It is time we assert our sovereignty under the Tenth Amendment and stop the fed’s unconstitutional usurpation of state power.
How many “conservative” Republicans would be willing to enforce the Tenth Amendment when the issue is marijuana? On the other hand, how many “progressive’ Democrats want the feds to butt out of this issue, but want them involved in health care?
It is hypocrisy to pick and choose when the Constitution should be applied on a case-by-case basis depending on the issue. The enumerated powers and the Tenth Amendment always apply, even when you don’t want them to.
See "Marijuana growers create smokescreen for trafficking ring.")

As "law-and-order" types revel in their pointless little "victory," I ask small-government types to consider:

How much tax money was spent on this?
Where else could that money have been spent?
What could you have done with your share of that money?
How much money could the state make by taxing the sale of marijuana?

It is hypocritical to profess a belief in individual liberty, limited government and personal responsibility and at the same time advocate the use of government resources - and force - to stop marijuana growers.

The war against marijuana is based on the belief that individuals should not have liberty, that big government is necessary to impose public policy for the "common good" and that people are too stupid to be personally responsible.

Is there any other conclusion to be drawn except that a belief in criminalizing marijuana is antithetical to the liberty movement?

If not, please help me understand.

The war on reefer vs. the liberty movement.

According to the Denver Post, “[s]tate law enforcement officials . . . have broken up an alleged marijuana-trafficking organization that was using Colorado’s medical-marijuana laws as cover.” (See “Marijuana growers create smokescreen for trafficking ring.”)

As “law-and-order” types revel in their pointless little “victory,” I ask small-government types to consider:
How much tax money was spent on this?
Where else could that money have been spent?
What could you have done with your share of that money?
How much money could the state make by taxing the sale of marijuana?
It is hypocritical to profess a belief in individual liberty, limited government and personal responsibility and at the same time advocate the use of government resources – and force – to stop marijuana growers.
The war against marijuana is based on the belief that individuals should not have liberty, that big government is necessary to impose public policy for the “common good” and that people are too stupid to be personally responsible.

Is there any other conclusion to be drawn except that a belief in criminalizing marijuana is antithetical to the liberty movement?
If not, please help me understand.

Glenwood Springs Discusses Medical Marijuana

Join us!

Location:

Riviera Restaurant Bar
702 Grand Avenue
Glenwood Springs, CO

Happy hour deals will be extended to 8:30 for us as well as 10% off entrees.

Liberty on the Rocks encourages open political discussion beyond partisan platform.

You don’t have to be a political crack hound to join us at Liberty on the Rocks. I know the majority of people are mostly informed on matters that they see effect them directly, so bring you, your perspective, your info on a subject and share it. You do not have to be a political know it all, a book of facts & stats, or a die hard of any sort to join us at Liberty on the Rocks.

See you there.

Possible subject… Medical marijuana in Colorado is free market capitalism at work. Yes? No? Personal Greed or Service to the Community? Discuss.

All my best,
Solomon