|
|
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.
The editorial in today’s Denver Post laments some state legislators’ hesitation to submit to federal requirements in order to obtain money to implement the Affordable Care Act. The Post headline declares “ It’s foolish to stall federal aid.”
I will tell what is really foolish: A system of federal government that takes money from individuals throughout the country, takes a cut off the top (you know, for “expenses”), then dangles some of that money in front of states that must agree to jump through whatever ridiculous hoops the policy makers in the District of Columbia have deemed necessary in order for the state to get back a small portion of the money taken from it when the process began.
Lewis Carroll would have had a hard time imagining such absurdity.
“Federal aid” is Newspeak. It is no “aid” to get back your own money. “Federal aid” is simply extortion. The feds say they’ll return some of the state’s money if the state does what it is “asked” to do. Organized crime figures say they will let you keep your business and your knee caps if you do what you are “asked” to do.
It’s an offer we can’t refuse.
Luckily, legislators like Rep. Jim Kerr, who is quoted in the Post editorial, are at least mulling it over before accepting the offer.
The Post goes on to say that state legislators are entitled to their opinion about Obamacare but “they also need to accept the reality that it’s the law of the land.”
Applying that misguided logic, the Post would tell a battered spouse that she should just accept the reality that she is in an abusive relationship. You will only make it worse if you resist, right? Accept the abuse. It is the reality.
No. No more.
It is time for Colorado, and other states that are tired of submissively accepting unlawful federal expansion of power, to stand up to the unlawful usurpation of power exercised by the federal government. It is time to assert the Tenth Amendment. It is time to resurrect these dead letters:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
There is no constitutional authority for the feds to tell any state that it must implement a system to facilitate the mandatory purchase of a private product. If the United States Supreme Court says otherwise, that there is such authority within the commerce clause, they might as well say that the sun is the moon and that black is white. It will be just as true.
It is time to listen to Thomas Jefferson, who, in the Kentucky Resolutions of 1798, wrote:
… where powers are assumed [by the federal government] which have not been delegated [to it by the Constitution], a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits
Nullify now.
From the movie Con Air: An exchange between Pinball, played by Dave Chappelle, and undercover DEA Agent Sims, when the agent’s cover is blown on the transport plane full of the most heinous murderers, rapists and assorted criminals in the federal prison system:
Agent Sims: I’m DEA, d’you know what the **** that means?
Pinball: It means you’re the most crooked ****** on this plane!
=====
Add the federal Drug Enforcement Agency to the long list of unnecessary, duplicative and wasteful government programs. What does the DEA do that multiple other federal and local law enforcement agencies do not?
Nothing.
So it is with some irony that the DEA recently executed a drug raid among wealthy Aspen residents without bothering to inform either the local sheriff or Aspen police. From the Denver Post article “ Federal drug raid in Aspen irks cops:”
Acting DEA Agent-in-Charge Steve Merrill said agents purposely didn’t tell locals about the investigation in part because former Sheriff Bob Braudis, who left office in January, and his successor, Joe DiSalvo, knew the suspects. Merrill didn’t want the investigation compromised.
So the DEA was concerned about local corruption? That’s rich. No, the DEA has to justify its expensive, wasteful, duplicative and unnecessary existence, so it replaces local law enforcement policy with national policy dictated from an unelected lifetime bureaucrat in D.C.
That’s tyranny.
This DEA action is just the latest in the federal government’s intrusion into purely state and local matters. It is a perfect example of why the model “Sheriff’s First” legislation is needed.
… would make it a state crime for a federal officer to arrest, search, or seize in the state without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place. Locally-elected sheriffs are accountable to the people and are supposed to the the chief law enforcement officer of the county, bar none. This bill puts teeth into the expectation that federal agents must operate with the approval of the sheriff, or not at all. It also gives the local sheriff tools necessary to protect the people of his county, and their constitutional rights
The Pitkin County Sheriff is elected by the people of Pitkin County. He is directly answerable to them. The DEA is not elected by anyone in Pitkin County. The DEA is not answerable to anyone in Pitkin County.
By intruding on the local sheriff’s autonomy and jurisdiction without his knowledge, the DEA demonstrates its disdain for local law enforcement. The DEA is arrogant, unaccountable, and out of control.
I encourage the State of Colorado to stand up for its sovereignty, to reject federal overreach into purely local matters and to enact the Sheriff’s First Act.
From a press release just now issued from Congressman Cory Gardner’s office:
Rep. Cory Gardner (R-CO) threw his support behind a bill that will curb abusive medical lawsuits, lowering the cost of healthcare nationwide.
“This is a crucial step in replacing the President’s healthcare law with common sense reforms that have been proven to work in multiple states such as Colorado, California and Texas,” Gardner said.
H.R. 5, authored by Rep. Phil Gingrey (R-GA), places a limit on the non-economic damages that can be awarded in a medical liability lawsuit at $250,000 for states that do not have caps already. Currently, there are 28 states that cap medical liability damages, Colorado being one of them. This legislation will not override caps already in place.
Rep. Gardner is one of my favorite politicians in the state. However, my affection for him is overshadowed by my affection for the Tenth Amendment.
Which one of the enumerated powers in Article 1, Section 8 of the Constitution gives Congress authority to set malpractice award limits on states? No matter what one thinks of malpractice caps and tort reform, the issue is for the states, and not Congress, to decide.
Conservative Constitutional scholar and Independence Institute Senior Scholar Rob Natelson agrees:
To be blunt: H.R. 5 flagrantly contravenes the limitations the Constitution places upon Congress, and therefore violates both the Ninth and Tenth Amendments. H.R. 5 is purportedly an exercise of the Constitution’s Commerce Power. Yet as I shall explain, its subject-matter—civil actions in federal and state courts—is not within the Constitution’s meaning of “Commerce.”
(See “Fedzilla Hungry Again: State Courts Threatened.”)
It is hard to defend the Tenth Amendment when both Democrats and Republicans ignore it for their own political ends. I urge Rep. Gardner to reconsider his support of H.R. 5.
From a press release just now issued from Congressman Cory Gardner’s office:
Rep. Cory Gardner (R-CO) threw his support behind a bill that will curb abusive medical lawsuits, lowering the cost of healthcare nationwide.
“This is a crucial step in replacing the President’s healthcare law with common sense reforms that have been proven to work in multiple states such as Colorado, California and Texas,” Gardner said.
H.R. 5, authored by Rep. Phil Gingrey (R-GA), places a limit on the non-economic damages that can be awarded in a medical liability lawsuit at $250,000 for states that do not have caps already. Currently, there are 28 states that cap medical liability damages, Colorado being one of them. This legislation will not override caps already in place.
Rep. Gardner is one of my favorite politicians in the state. However, my affection for him is overshadowed by my affection for the Tenth Amendment.
Which one of the enumerated powers in Article 1, Section 8 of the Constitution gives Congress authority to set malpractice award limits on states? No matter what one thinks of malpractice caps and tort reform, the issue is for the states, and not Congress, to decide.
Conservative Constitutional scholar and Independence Institute Senior Scholar Rob Natelson agrees:
To be blunt: H.R. 5 flagrantly contravenes the limitations the Constitution places upon Congress, and therefore violates both the Ninth and Tenth Amendments. H.R. 5 is purportedly an exercise of the Constitution’s Commerce Power. Yet as I shall explain, its subject-matter—civil actions in federal and state courts—is not within the Constitution’s meaning of “Commerce.”
(See “Fedzilla Hungry Again: State Courts Threatened.”)
It is hard to defend the Tenth Amendment when both Democrats and Republicans ignore it for their own political ends. I urge Rep. Gardner to reconsider his support of H.R. 5.
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.
Below the jump is a press release from Sensible Colorado.
From their website:
Sensible Colorado envisions a system where drug use becomes a health issue, not a crime issue, through innovative drug policy reform that focuses on prevention and harm reduction education, provides accessible treatment opportunities, and reduces incarcerations, crime, drug use by minors, and strains on the judicial system and police departments while increasing the resources available for healthcare and treatment.
Treating drug use like a health issue? Whoaaaa now… that’s just crazy talk.
For those “conservatives” that profess a belief in the Tenth Amendment and state sovereignty, do you mean it? Or do you only mean it when it is convenient?
My position is clear: Medical marijuana is a state issue, and the feds should stay the hell out of it.
All “conservatives” that support the DEA in this matter, please, never mention the Tenth Amendment again.
You don’t believe in it.
I will be at this event, waving a Tenth Amendment sign. I hope you’ll join me.
==================================
MEDIA ADVISORY — For event on Thursday, February 18
Contact: Brian Vicente, Sensible Colorado, 720-280-4067
Medical Marijuana Patients and Supporters to Rally at President Obama Event
Protesters call for end to recent “rogue” DEA raids; Release of licenced provider and recent arrestee Mark Bartkowicz
DENVER, CO — On Thursday, February 18, at an event to be attended by President Obama, medical marijuana patients and supporters will participate in a protest of the continuing federal raids of medical marijuana patients and providers in Colorado. This event is a response to the recent Drug Enforcement Administration raids of two front-range medical marijuana testing facilities and the Feb. 12 raid of a licensed medical marijuana grower in Highlands Ranch.
“These DEA raids are out of compliance with both the will of Colorado voters and that of the White House,” said Brian Vicente, event organizer and director of Sensible Colorado. “In particular, the recent, armed raid and arrest of licensed medical marijuana provider Mark Bartkowicz, highlights the rogue nature of the regional DEA office. “President Obama needs to be made aware of this agency’s miscreant actions.”
Colorado voters passed a medical marijuana law in 2000. In October, 2009, the Department of Justice issued a memo instructing federal agents to refrain from focusing resources on the arrest and prosecution of individuals following state medical marijuana laws. That memo is available here.
WHAT: Medical Marijuana Protest at Event Attended by President Obama
WHO: **PHOTO-OPPORTUNITIES AVAILABLE** with Sign-Waving Medical Marijuana Patient, Providers, and Supporters.
WHEN: Thursday, February 18 from 12-1pm
WHERE: Across from the Fillmore Auditorium, at the corner of Colfax and Clarkson in Denver, CO. See Directions HERE
# # #
Sensible Colorado is a non-profit organization dedicated to promoting a more sensible, evidence-based approach to drugs and drug policy in Colorado. For more information visit http://www.SensibleColorado.org.
–
Brian Vicente, Executive Director
Sensible Colorado
P.O. Box 18768, Denver, CO 80218
Ph# 720 890 4247
Fax# 303 861 0915
brian@sensiblecolorado.org
Please visit www.sensiblecolorado.org to sign up for Sensible Colorado’s
free email updates.
–
Brian Vicente, Executive Director
Sensible Colorado
P.O. Box 18768, Denver, CO 80218
Ph# 720 890 4247
Fax# 303 861 0915
brian@sensiblecolorado.org
Please visit www.sensiblecolorado.org to sign up for Sensible Colorado’s
free email updates.
Who determines Colorado law?
(a) Colorado voters via amending the state Constitution through the petition process.
(b) The general assembly.
(c) The Colorado Supreme Court.
(d) A local DEA agent.
The answer is (d).
Jeffrey Sweetin, the head of the federal DEA in Denver, has unilaterally decided that Colorado’s constitution means nothing. Despite a constitutional amendment allowing medical marijuana in this state, despite the general assembly working on a regulatory framework, despite his boss the President of the United States of America telling him that the feds will not use its resources to arrest those in compliance with local medical marijuana laws, this rogue fed decided to arrest a medical marijuana grower in Highlands Ranch.
Apparently all the meth labs have been closed in Colorado.
Apparently Barack Obama has no control over his policemen.
Apparently one federal cop gets to decide not only Colorado policy, but federal policy as well.
That is an awful lot of power for one man.
According to today’s Denver Post, Sweetin “said he has no plans to start cracking down on the hundreds of medical-marijuana dispensaries that have popped up around the state.”
Well, that is certainly reassuring. As long as he has no plans on once again ignoring the Colorado constitution, we should be okay.
But since when does Colorado law depend on the whim of one federal cop?
Even if you think medical marijuana is a horrible idea, this abuse of federal power on an internal state matter should be of serious concern.
I hope all that profess to believe in state sovereignty and the Tenth Amendment, regardless of their position on this internal issue, complain long and loudly about this usurpation of state power by the federal government.
Call your U.S. Rep and let them know you want the feds out of Colorado internal business.
As the Denver Post reports, “Major metro grower jailed,” federal agents have asserted their authority, primacy and superiority over its mere subjects in the district of Colorado.
I say “district,” because states have rights. Districts are mere political subdivisions of, and exist at the whim of, the larger federal government.
Last night the feds, asserting their supremacy, arrested a man who was in full compliance with Colorado state law.
With the federal government’s decision to completely ignore the Colorado Constitution and assert its statutes, any semblance of Colorado autonomy has been crushed.
=====
Lest there be any doubt, Special Agent Jeffrey Sweetin, who is in charge of the DEA’s office in Denver, was very clear:
“Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They’re violating federal law; they’re at risk of arrest and imprisonment.”
And you thought the Governor, state legislature and state Supreme Court had some say what goes on in Colorado.
Not if the feds decide they do not like it.
====
TAKE ACTION
Remember, this is not about medical marijuana. It is about Colorado sovereignty.
In a polite, reasoned manner, tell the feds you do not appreciate them stepping into a Colorado law enforcement matter. Tell them if they have enough time and money to spend usurping Colorado’s sovereignty to enforce federal policy, they have too much time and money.
Tell them to leave us alone. We can handle our own business.
CALL NOW IF YOU CAN
Here is the Denver DEA office contact information:
Media Contact – Special Agent Mike Turner
Phone: 720-895-4214
Email: Robert.M.Turner@usdoj.gov
You can also call these other Colorado field offices:
Colorado Springs, CO — (719) 866-6100
Durango, CO — (970) 385-5147
Glenwood Springs, CO — (970) 945-0744
Grand Junction, CO — (970) 683-3220
And let your U.S. Representative and Senators know you want him/her to get the federal agents out of Colorado state business:
United States Representatives
District 1 – Diana DeGette
(303) 844-4988
District 2 – Jared Polis
D.C. # (202) 225-2161
District 3 – John Salazar
D.C. # (202) 225-4761
District 4 – Betsy Markey
D.C. # (202) 225-4676
District 5 – Doug Lanborn
D.C. # (202) 225-4422
District 6 – Mike Coffman
D.C. # (202) 225-7882
District 7 – Ed Perlmutter
D.C. # (202) 225-2645
Colorado Senators
Mark Udall
Toll free # 877-7-MUDALL
(877-768-3255)
Michael Bennet
Toll free # (866) 455-9866
====
Please forward this to any other citizen concerned about Colorado’s sovereignty.
David K. Williams, Jr.
Little Brother had an idea, but he knew his big brother did not approve.
Little Brother went ahead and tried it, but tried to keep it small so as not to bring undue attention to himself. Big Brother eventually noticed, however, but said, “sure, Little Brother, go ahead and play with your little idea, I don’t care.”
Little Brother, no longer concerned about undue attention, really expanded his idea. He still had lots of issues to work out, but he felt he could work them out eventually.
Well, Big Brother decided one day he did not like Little Brother’s idea any more. So he stepped in and stopped it. Just like that.
He does not need a reason. He is Big Brother.
======
This is exactly what has happened in Colorado and its burgeoning medical marijuana industry.
And Big Brother is not in a fairy tale or contained in an Orwell novel. He wears a windbreaker with “DEA” across the back in yellow letters.
See “Major metro grower jailed.“
|
Help Liberty on the Rocks (Denver) Grow. Donate Today!
Get Happy Hour Reminders!
|
