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post #11 of 14 (permalink) Old 10-19-2010, 12:07 PM
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The reason I am dissapointed in Obama's position on this is because I distinctly remember him saying that he would defer to the states on the issue of marijuana. But, he also said he wouldn't sign any legislation that would add a single cent to the national deficit. So, in other words, he's just full of shit like everyone else in politics. Say whatever will get the votes, then completely disregard the voters once in office.

The problem with Prop 19 is that federal law trumps state law. Period. If the state says it's legal, but the feds say it isn't, then it isn't. To get federal law overturned, you really need a Constitutional argument and in this issues, I'm not sure what that would be.

I think kill is on the right track. In this case, I think it would purely boil down to Fed vs. State, who has the right to legislate this particular issue.
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post #12 of 14 (permalink) Old 10-19-2010, 12:21 PM
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Fed law does not trump state law. Now it's been a while since I took some law courses, but the basic tenant over governing law is which one provides greater protection. That is what this will be challenged on. Of course this hasn't taken on the issues of recreational drugs before. So it makes it interesting if the Feds push it. If we were talking about interstate commerce, then the Feds own that hands down. Within the state, there are strong arguments for prop 19. As well as against. The Feds will have to argue their case if they want to take action against the implementation of Prop 19.
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post #13 of 14 (permalink) Old 10-19-2010, 12:26 PM
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post #14 of 14 (permalink) Old 10-19-2010, 12:32 PM
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Quote:
Originally Posted by killclimbz View Post
Fed law does not trump state law.
Yeah, it does due to the Supremacy Clause and it's been upheld time and time again.

Federal Preemption of State Law

It had been awhile since I'd looked into it, but based on the strength of the Supremacy Clause, I don't see any way for the federal law to get overturned based on a challenge from the states. The change will have to come at the federal level. A state challenge could prompt this move, but it won't in and of itself get it done. Congress would have to vote this through and a POTUS sign off on it.
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