Federalism and Superiority of a States’ Rights Approach to Marijuana
Based on the United States constitution the tenth amendment states that “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”. The purpose of this amendment was to prevent specific groups from holding too much power over others. This has been done through passing laws that affect the entire state within the union.
This can be evident via the quest for states to legalize the consumption of marijuana. This is a drug that is not liked by many despite being relatively harmless, however, causes issues within society. In present-day societies, people need liberty, the federal government also has the mandate to enact laws, even when it's not for the sake of freedom (Larkin 495). Similarly, states have the right to pass legislation, even without control from the federal government. Some of these actions are a direct violation of the tenth amendment, which is in most of the instances not taken seriously, from the governments to the local societies.
There are often cases that have been filed against the tenth amendment by the federal government. These cases can be deemed as wrong especially those on marijuana, and the judgment passed has been in line with the party lines, rather from the constitutional point of view (Wallace n.p). This is an action that causes a fight between the people and the federal government, which is a critical issue that needs to be addressed. Selin (n.p) states that the COVID-19 pandemic has come as an intervention leading to an increase in attention to the federal government. There is a need to recheck on federalism, which can be achieved through making policies that issue some areas to the federal government and others to the states.
Work Cited
Larkin Jr, Paul J. "States' Rights and Federal Wrongs: The Misguided Attempt to Label Marijuana Legalization Efforts as a States' Rights Issue." Geo. JL & Pub. Pol'y 16 (2018): 495.
Selin, Jennifer. "How the Constitution’s Federalist Framework is Being Tested by COVID-19." (2020).
Wallace, George C. "Statement and Proclamation of Governor George C. Wallace, University of Alabama, June 11, 1963." Alabama Department of Archives and History. [http://www. archives. state. al. us/govs_list/schooldoor. html]
