In some of the most uplifting news I’ve heard all week, 72% of Americans oppose the Federal government arresting marijuana users in Colorado and Washington, according to a recent Reason-Rupe poll. 68% of respondents also said the Feds should not arrest those who grow marijuana in Colorado and Washington, and 64% of respondents said the same for those who sell marijuana. All of these activities are still illegal under Federal law, but the citizens of these states don’t care. Neither, apparently, do about 2/3 of Americans.
So much for nullification of federal laws being outside the political mainstream.
Of course, for those within the ranks of the Republican Party who support breaking up the hegemony of national power, there is still significant work to be done. Back in November, a CBS News poll showed that only 35% of Republicans believe the President should allow Colorado and Washington to effectively nullify federal drug laws.
What’s most important here is not whether conservatives think smoking marijuana is itself a good or a bad thing; what’s most important is that they recognize that living in a federalized system necessarily entails allowing citizens of other states to control their own destiny. The Constitution leaves the state governments responsible for exercising the “police powers”: looking after the health, safety, morals, and general welfare of their citizens. There is absolutely nothing within the Constitution that authorizes the federal government to exercise any authority here.
If constitutionally-conscious conservatives are waiting for the perfect time to strike that first blow against the federal Leviathan, this may be it; 72% of Americans will stand behind us when we do.
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This is where we begin the nullification movement? Ugh, how has it come to this?
That would be the best way, Lanny. When you support a law you actually disagree because of the bigger benefit you get from it. Liberals would have no option but to back it. It would be a (great) political trap.
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This poll doesn’t show that 72% of Americans would support Colorado if it decided to overthrow the constitutional order. This poll shows that 72% of Americans think federal drug laws are bad policy/support more local control.
Jonathan,
1) Nullification of patently unconstitutional federal actions is does not “overthrow the constitutional order.” It preserves it.
2) You’re right inasmuch as this poll probably does demonstrate Americans’ frustration with federal drug laws. But whatever the driving motive behind marijuana legalization in Colorado and Washington, it must be seen as an attempt by these states to supersede federal law that they believe is bad policy. In that sense, it is an example of state nullification.
72% of Americans support state law superseding federal law in this instance. The fact that the federal law in question is unpopular should come as no surprise, and does not change the fact that federal law is being declared void by the states. To expect proponents of nullification to start striking down laws they actually agree with establishes, I would argue, an absurd standard.
“To expect proponents of nullification to start striking down laws they actually agree with establishes, I would argue, an absurd standard.”
But that is exactly what YOU are advocating in the post, Ben. At least, that is how I understood it. That it is precisely what one should do if wants nullification to succeed. You embrace a local law that the other ideological group fought for, not for its merits, but because they are local and against federal law.
The other side have no option, but to join you (now, for the merit); because if it does not, THAT would be absurd. There is, to be against a law they fought hard to approve. However, once it opens the gate, it becomes free game for everybody. A lot of relevant issues go back to states political arena.
If you are a Republican (or conservative) that wants states right, to side with Colorado and Washington marijuana laws, makes all the sense.
It will be interesting to see if those purportedly in favor of nullification will stick to their guns when it comes to Wyoming exempting itself from the federal gun control measures!
http://washington.cbslocal.com/2013/01/31/wyoming-house-approves-bills-exempting-state-from-federal-gun-control-measures/
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Benjamin, you are hilarious. kudos on a great post.