...legalize marijuana in their respected states. Though they are the first to completely legalize the substance, other states, like California, have passed similar laws allowing for medicinal use. Despite the fact that these laws were passed by the voters of Colorado and Washington, the use, possession and distribution of marijuana is punishable by federal law. By allowing the law to go into affect, both states have changed the course of political and popular culture and violated principle concepts of the constitution and federalism. The legalization of Marijuana has also brought forth tensions that question American politics, the constitution and federalism. American political and popular culture has been defined by major events and influences in American history dating back to the 16th century. The influences of the Puritans, Thomas Pain, and John Locke are all deeply rooted within American politics. As a consequence of these impacts, tensions rose within political culture. The Puritans greatly believed in a sense of community, and therefore created a local self-government. However, both Locke and Paine viewed natural and individual rights were sacred, and not the community. In fact, Paine believed that the national government should be limited from individuality, and should solely represent popular opinion. These two opposite beliefs created a strain that not only influenced political culture, but the founding of the Unites States as well. The legalization of marijuana illustrates...
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...Conflicting Federal and State Medical Marijuana Policies: A Threat to Cooperative Federalism Todd Grabarsky* Abstract The legal status of medical marijuana in the United States is something of a paradox. On one hand, federal government has placed a ban on the drug with no exceptions. On the other hand, over one-third of the states have that legalizes the cultivation, distribution, and consumption of the drug for medical purposes. As such, the usage of medical marijuana is an activity that is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented nebulous zone of legality in which an activity is both legal and illegal, an issue that one scholar on the subject has deemed “one of the most important federalism disputes in a generation.” The issue has become heightened as two states have legalized marijuana for recreational (non-medical) purposes as a result of recent 2012 Election. This Article examines the issue from a federalism perspective. It begins by arguing that unpredictable enforcement by federal authorities in states that have legalized medical marijuana not only threatens state drug policy, but also the efficacy of federal enforcement. This argument is based on the premise that the federal drug ban exists as a cooperation between the states and the federal government. That the federal government relies on the assistance...
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...government in separate bodies”. This means that all three branches of government are separated, so that they may not overpower one another, or the people of the United States. The United States needs separation of powers because separation of powers prevents power abuse, allows the federal government to have the use of federalism, and without separation of powers the United States would have more problems with laws such as the Controlled Substances Act. Separation of powers prevents power abuse. Having too much power is historically proven to create power abuse. Adolf Hitler is an excellent example of this. Hitler had too much power because in...
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...Economics and the Future of Federalism The trends in the current political climate in America tend to be more Americans wanting a less centralized government and to give more power back to the states. In the era of President Bush who ran an administration that seemed to give a lot of power to the states, and over the last 7 years we have had an administration that formed a strong central government this has really seemed to divide our country as to what the people actually want. This can be evidenced through the midterm elections in November 2014 with a sweeping number of states going red, and the Republicans taking control of both houses of Congress (ABC News, 2014). It is still early to know who and how our next President will run their administration, but it will be interesting to watch how the future of federalism in our country unfolds. The purpose of this paper is to determine how special interest groups can affect the future of federalism. Special Interest Groups and Federalism Special interest groups are very important in the political realm as they are formed by individuals coming together with a shared common goal: to lobby their views to change public opinion and pass policies. The passing of these policies is where special interest groups and federalism intersect. Special interest groups can be dangerous to federalism as they can exert much influence over politicians and an issue. An example of this is the National Rifle Association which yields over 4 million...
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...Marijuana Debate SOC 331 Cari Lynn Beecham-Bautista September 14, 2015 State vs. Federal Marijuana Legalization Marijuana usage in the United States is a controversial subject that tests the very fiber of the U.S. Constitution. The debate centers about the argument of each states rights under the 10th Amendment of the Constitution. Although many states have legalized marijuana for medical and recreational usage it is still against federal laws. The nation’s capital and eighteen states have legalized medical marijuana use and two states have legalized recreational use. Widespread acceptance in favor of legalization is rapidly spreading. This paper will discuss three different scenarios where marijuana usage in states and the federal government’s stance are in conflict, through the lens of retributive, commutative and distributive justice. The first scenario that will be analyzed is a person who lives in a state that legalized medical marijuana growth, distribution and use in small quantities. To shed some light on this scenario a real world scenario will be described and analyzed. In March of 2015 a family in Washington State went on trial after being arrested by the DEA for the growth distribution and use of marijuana. The family argued that they were using the marijuana within the confines of legalized standards for an elderly man who was cancer stricken and his wife who had arthritis (Hughes, 2015). The federal government on the other hand argued the family...
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...9. Vice President | House of Representatives House of Representatives 8. Senate 8. Senate | True or False 1. The Tenth Amendment limits the power of states. FALSE 2. The Constitution signed in 1787 contained the Bill of Rights. FALSE 3. The Constitution created a system of dual sovereignty, meaning the federal government has exclusive power in interstate commerce. True 4. The president and vice president are part of the legislative branch. FALSE 5. Congress can impose federal mandates, which require the state government to comply with its orders. True or False Multiple Choice 6. The concept of dual federalism D: viewed federal and state power as fixed d. The Bill of Rights is C: the first 10 amendments to the Constitution e. The legislative branch is composed of which of the following: a. The House of Representatives and Senate f. The First Amendment of the Constitution regards which of the following: D: Freedom of religion, of speech, of the press, to assemble, and to petition g. The modern-day structure of categorical federal grants-in-aid came into being D: in the mid-1960s Short Answer Respond to each question in 75 to 100 words. h....
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...Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s...
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...Gurmanderdeep singh Professor Paul Villa Core Humanities 203 July 20,2013 Constitutional Consideration: The Tenth Amendment The United States Constitution gives significant power to the individual state governments. States are not mere provinces set up to take orders from a central authority in Washington DC and execute these orders regionally. States are afforded sovereign powers of their own. In Federalist #45, James Madison summarized the powers assigned to the individual states: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” “The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.” It’s quite clear that the Tenth Amendment was written to emphasize the limited nature of the powers delegated to the federal government. In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers. When states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with...
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...national policy, but I do not think that will happen. Throughout history there has been a battle of the states' rights versus federal rights. Our federal system is designed to allow states to experiment with different policies. This means that new social or economic policies can be tested for those states who may want the new policy. According to the 10th Amendment of the Constitution, "Powers are not delegated to the federal government...and are reserved to the states, respectively, or to the people (Harrison, 2010). The Constitution has set a balance between state rights and federal powers; however, the states are limited because no state law is superior to federal law (The Question Of). For example, California allows the use of medicinal marijuana, but it is against federal law. In order to obtain ratification of the Constitution, Federalist agreed to the Bill of rights. The Bill of Rights limited federal government powers and any other powers were given to the state. The composition of the Supreme Court has influenced the balance of power between states' rights and federal powers. In 2012, the Supreme Court helped states’ rights by backing the Arizona law that prosecutes any employer of illegal immigrants. We have seen less of the Supreme Court striking down state laws overruled by federal law over the past 10 years (The Question of). I also believe that the federal government...
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...| Federal Vs State Policy Comparison | | | CJA 464 | Robert Powers | | Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing State & Federal Courts, 2013)”. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law. The Fourteenth Amendment in the United States Constitution designates that the Bill of Rights valid in each state. According to the Constitution federal law is designated to govern items passed in legislation by the United States Congress...
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...Introduction: Drug abuse has always been a very delicate question as it always it deals with the health, well-being and even lives of human beings belonging to any country. The position of the United States of America towards drugs has always been very clear and distinctively negative. Throughout the history of the country there were numerous cases against drug dealers, buyers and many more. These cases did always catch the attention of civil people who by showing interest in such cases revealed their worries about the future of their own children that one-day might face this problem, too. As time goes by it get even more clear that people need to feel protection from the side of law-enforcement establishments such as police. Drugs may destroy the life of a person, therefore while fighting with drug dealers and buyers cooperatives no other interest rather than removing this “elements” from the society should be taken into account. The case, which is known as “United States v. Oakland Cannabis Buyers’ Cooperative” did more than just catch the attention of people. Million of people followed the case from its very beginning and did have certain expectations concerning the outcome of the case. The specifics of the case made people have twofold points of view when analyzing the solution that was delivered by Justice Clarence Thomas concerning the case. Nevertheless, to understand the solution it is necessary to examine the case deeper and only then decide whether the Court’s decision...
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...After reading the Supreme Court case McCulloch v. Maryland I learned how the federal government and state governments work together and also how they come in conflict with one another. We live in a country that operates with system federalism. This is a system where power to govern is shared between national and state government. In the constitution certain powers called the express powers are given to congress. Some of these powers are the power to tax and spend money, borrow money and regulate businesses. Other powers giving to congress are expressly stated on the constitution and others are implied. Finally congress and the president also have powers that are inherent to the jobs they do. They are reasonable power that are logical powers...
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...marijunana, even for purported use in the course of a recommended medical treatment. Yet, California established the first state medical marijuana program, enacted by Proposition 215 in 1996 and Senate Bill 420 in 2003, making it legal under State law, to obtain or grow, and use marijuana if recommended by a doctor. As a result, the constitutionality of pro-marijuana legislation and Congress’ power to regulate this sphere have come into question. In light of the recent increase of marijuana related legislation enacted across the country, and for the welfare of North Carolineans, this paper shall address the legal implications of passing similar medical marijuana laws in North Carolina, and why it is legal and beneficial to do so, but legally offers very limited protection for those who choose to participate in marijuana activities should federal powers decide to engage. The first section shall lay down the legal landscape of Federal and State laws regarding marijunana. Federal Law: The Controlled Substances Act (CSA)[i] establishes a statutory framework through which the federal government regulates the supply chain of controlled substances. Marijuana is listed as a Schedule I controlled substance, which is deem to have high potential for abuse and no accepted medical use.[ii] Therefore the cultivation, distribution or possession of marijuana is a federal crime. The act also served as a national implementating legislation for the Single Convention on Narcotic Drugs, which is...
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...Study smarter with the Course Hero app.Get the App Course Hero logo Study Resources By School By Subject By Standardized Tests By Book Tutors Get Homework Help My Questions About Tutors Become a Tutor Flashcards My Flashcards Find Flashcards Create Flashcards About Flashcards Sharing Upload Documents Create Q&As Balthesar My Dashboard My Account Invite & Earn Logout Sibille_W2.docx - Running Head: FREE SPEECH 1 Free Speech... Home Ashford University POL POL 303 Sibille_W2.docx Download Document1 - 3 of 7 This preview has blurred sections. Upgrade to View Full Document Running Head: FREE SPEECH 1 Free Speech Name: Allana Sibille POL303: The American Constitution Professor: Erin Olsen Telles September 18 th , 2015 Background image of page 1 FREE SPEECH 2 Free Speech According to the United States Bill of Rights, under the First Amendment, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or of the press, or the right of the people peacefully to assemble, and to petition the Government for redress of grievances (ACLU, 2015). This is the American idea of what free speech is but it is entirely different. A modern misconception of free speech is that it’s not entirely free; state rulings on free speech issues whether stemming from the federal or state constitutions, are not included and they may come out differently (Winkler, 2009). According to Mahaffey...
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...The Dueling Banjos (State vs. Federal) The United States Judicial System Dee Montano CJA/204 April 3, 2012 Sherre D. Corniel The Dueling Banjos (State vs. Federal) The United States Judicial System Frustration, confusion, and complexity; these three words can and are used regularly to describe the justice system within the United States. A better understanding of the history, principles, and role of the dual court system is necessary for a comprehensive understanding of the American justice system. FEDERALISM vs. ANTI-FEDERALISM The roots of the modern court system in the United States can be found in the principle of federalism. When the delegates met in Philadelphia for the Constitutional Convention among other issues that needed to be addressed was a national judicial system; the Articles of Confederation was woefully inadequate in providing for this. The dual judicial system that exists today was given life with the passage of Article III of the U.S. Constitution ("[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.") Article III was a compromise between the Federalists, supporters of a strong central government, who thought that the federal judiciary should contain all of the courts (trial, appellate, and supreme). Whereas the Anti-Federalists, proponents of states’ rights, believed that an all-inclusive federal judiciary would minimize...
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