Pubdate: Tue, 13 Nov 2012
Source: USA Today (US)
Copyright: 2012 USA TODAY, a division of Gannett Co. Inc
Contact: http://mapinc.org/url/625HdBMl
Website: http://www.usatoday.com/printedition/news/index.htm
Details: http://www.mapinc.org/media/466
Author: Jonathan Turley
Note: Jonathan Turley is a professor of public interest law at George 
Washington University and a member of USA TODAY's Board of Contributors.

WILL WE TOLERATE DEMOCRACY?

Both Republicans and Obama Should Get Out of the Way When Citizens 
Demand Freedom

Finally, change we can believe in. Last week, voters came together in 
a grassroots movement to demand changes in their government and in 
their lives. No, it was not the Tea Party movement, which imploded in 
a spasm of gaffes and extremist rhetoric. It was certainly not the 
"hope" of the Obama campaign, which for most liberals was an 
excersise of "hope over experience." Rather, citizens in various 
states have crossed party and ideological lines to challenge the 
federal government on issues such as marijuana and gay marriage. In a 
triumph of federalist principles, states are going their own way on 
important social issues, but this is not the type of "change" either 
party wants to believe in.

Ironically, for almost four years, states' rights have been a focus 
of national politics as Republicans denounced ObamaCare for its 
expansion of federal power. Now, many of those same Republicans are 
opposing the right of states to reach their own conclusions on issues 
of same-sex marriage, assisted suicide and legalization of marijuana. 
Likewise, President Obama has spent the past year trying to repair 
damage with liberals and civil libertarians over his continuation of 
Bush policies in areas ranging from national security to medical 
marijuana. Yet, after going silent before the election to win back 
liberals, the Justice Department indicated the day after the election 
that it would continue its policies on marijuana.

It is hardly news that principle is a stranger to many politicians. 
However, citizens across the country still believe in federalism, the 
idea that their states should be able to choose their own positions 
on social and criminal issues. They have the U.S. Constitution on 
their side. The 10th Amendment states that "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." 
James Madison believed that the states were safely behind a 
federalist firewall to protect against the "ambitious encroachments 
of the federal government." Indeed, Madison assured his 
contemporaries that it would take a "degree of madness" for the 
federal government to usurp the power of the states. If that is true, 
we are truly living in mad times.

State politicians have largely yielded to the madness, but citizens 
appear to have lingering notions of self-determination. In a couple 
of areas, citizens have fought back and have asserted direct control 
over their laws and their lives.

MEDICAL MARIJUANA

Last week, Washington and Colorado became the first states to 
legalize recreational use of marijuana. In addition, Massachusetts 
became the 18th state to legalize medical marijuana.

Polls show 74% support medical marijuana. And 56% support regulating 
pot like alcohol. This makes marijuana one of the sharpest divides 
between citizens and their government. Despite the fact that only 15% 
of voters support continued prosecution of medical marijuana cases, 
Obama has continued the Bush scorched earth prosecutions..

The push by voters for decriminalization is likely only to increase. 
Washington will allow the sale of pot, which could bring in taxes 
worth hundreds of millions of dollars. Unless blocked by the Obama 
administration, that type of revenue (as well as the savings in not 
prosecuting pot cases) is likely to get the attention of other states 
in a bad economy.

Despite three out of four citizens supporting the use of medical 
marijuana, Congress and the White House remain in absolute lock step 
in expending resources and personnel in the prosecution of these 
cases. States are expected to adhere to the federal policy regardless 
of the wishes of their citizens.

SAME-SEX MARRIAGE

Last week, Maine, Maryland and Washington voted to legalize same sex 
marriage, the first such recognition made by voters as opposed to 
legislatures or courts. They joined New York, Connecticut, Iowa, 
Massachusetts, New Hampshire, Vermont and Washington, D.C., in the 
recognition of gay marriage. While the Framers would likely have been 
surprised by the notion of same-sex marriage, they would have 
celebrated the role of these referendums. Yet, many conservatives 
(including self described advocates of federalism) seek a 
constitutional amendment to take away the ability of states to 
recognize such unions.

The effort is even more problematic as an amendment to deny rights as 
opposed to expand them. Most amendments in the Bill of Rights 
expanded rights - part of a noble and consistent trend of greater 
liberties in this country. Faced with citizens who want to expand the 
rights of their fellow citizens, these fair weather federalists are 
moving to stop more states from joining.

Citizens aren't done demanding self-government. Efforts to enact 
local policy on assisted suicide and deal with global warming issues 
will continue despite federal policies and laws. This taste for 
self-determination could become insatiable. Once you realize you have 
a voice, you tend to want to use it.
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MAP posted-by: Jay Bergstrom