Below is my column today in USA Today on some of the state referendum votes last week. While the presidential election was understandably the focus of media commentary, state referendum votes held some surprises. At a time when a majority of citizens view our political system as dysfunctional and unresponsive, these referendums show that citizens can still take direct action in seeking change. Here is the column:
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 likely 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.
Jonathan Turley is a professor of public interest law at George Washington University and a member of USA TODAY’s Board of Contributors.
November 13, 2012
“I believe that the most tyranny in our country’s history has been perpetrated by State Governments and local municipalities. My belief is rooted in the idea that the forces of wealth and tyranny can much more easily manipulate on the local, rather than the national level. Even if a group such as the Klu Klux Klan might only be supported by a minority in a particular State, their radical and violent agenda is such that they can intimidate the majority on a local level through fear. Then too, a polluting company for instance, that provides so many local jobs, can influence and defeat efforts to stop their devastation. A example of this is the influence of the Coal Industry in a State like West Virginia.
Being subject to the influence of well funded interests can also lead to results that severely infringe the U.S. Constitutional Rights of classes of people on a State level. The infamous Proposition 8 in California is a case study of what can happen when a well-funded group of people who oppose the rights of Homosexuals can initiate and pass a State Constitutional Amendment banning their marriages, which to me is in violation of the of the “Equal Protection Clause” of the U.S. Constitution.”
That was my view and remains my view about ballot initiatives and yet this election past the majority of ballot initiatives that I personally supported were passed, while the ones dealing with State Constitutional change, wuch as in Florida were defeated. Forgetting ones personal political beliefs this was a strange election on many levels. Popular wisdom dictates that money wins in elections. This election was the first real test of the Citizens United decision and the amounts spent by the beneficiaries of the SCOTUS ruling was staggering. Yet from the Republican/conservative side of the ledger the money seemed spent in vain. With the defeats and victories of initiatives that entailed Gay rights, the Fundamentalists money and efforts failed across the board. Finally, the legalization of marijuana in two states and the acceptance of medical marijuana in another, were very good results indeed.
The question to me is then have I underestimated the people in their ability to reject local campaigns funded by noxious special interests, or is this year merely an atypical manifestation of that ability. My desire is to deem it perhaps a most positive trend towards America’s future, but my innate cynicism in observing our political process for going on seven decades leads me to intellectually believe that one election year does not predict revolutionary changes.
Although Marijuana should be legalized it is part and parcel of the “War on Drugs” Industrial Complex which includes the massively funded DEA. this entire complex is probably a two hundred billion dollar industry that ranges from enforcement costs, weaponry, detection instruments, drug rehab programs, Physicians and NIMH, to the private prison system. Its subtext is not only racism, but also the suppression of poorer Americans. As such its lobbying is a difficult force to overcome, as is the false “moral authority” that is given to its proponents and the media portrayals of dire consequences of drug use.
The history of banning marijuana in the U.S. is inextricably tied to Harry J. Anslinger. He had held high office in the Federal government’s anti-prohibition program and then was put in charge of the Federal Bureau of Narcotics. He single-handedly led the fight to make marijuan illegal and succeeded. He also had powerful allies in this battle that represented varied business interests. See: http://en.wikipedia.org/wiki/Harry_J._Anslinger
That he was also an avowed racist completes the picture:
“There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage.This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.” http://quotes.liberty-tree.ca/quote/harry_anslinger_quote_846a
One of the tests of this second term will be how the Federal Government deals with these initiatives. given the pressures and money aligned against legalization and given the racist history of ts institutionalization,
I wonder how it will turn out.
By the way Gene I disagree; Leonard Cohen is a wonderful singer.
Otteray Scribe,
With all due respect to your fine intentions to address the blog theme, Cohen’s words did not sing to me, but sounded like program-written propaganda based on standard image phrases. All he needed was to add a boy-girl theme and the sales would zoom. If folks think that that is where democracy comes from, then we will never get any.
America needs its own Tian Men Square instead of this song.
Don’t misunderstand, this was written out of respect for you and disrespect fot the honesty of the song.
“I think Leonard Cohen is aging like fine wine.” (OS)
Very true. I must admit that K.D. Lang’s version of Leonard Cohen’s Hallelujah is one of my favorites
Residents of 30 states don;t support democracy http://www.huffingtonpost.com/2012/11/13/petition-to-secede-states_n_2120410.html?1352816139&ncid=webmail3
Residents In More Than 30 States File Secession Petitions
Leonard should have stopped after his ’69 tour of Europe and Jerusalem. Oh, I loved that tour and him then.
He had some years left to give. But seeing him selling “yeah yeah USA” is not fun. Reading the lyrics makes that clear. He’s no longer the ladies dream and to judge from the lyrics, no longer a true poet, ie true to his creed. He was a beautiful example of a man, can’t judge his guts now.
“deserts here and deserts there….” ackackack. Scheister.
Gene, Woosty, SwM, Blouise,
Thanks. Seemed appropriate to post that particular song/poem here. I think Leonard Cohen is aging like fine wine. His voice has become deeper and richer as he has gotten older. But aside from personality, the words ring true. We can always hope.
Wasn’t there a post recently about “Too Much Government.” I think we need a Blogger v Guest Blogger cage match!
LK, Good comment about the alcohol lobby being money behind the anti-cannabis laws. Diane Feinstein gets a lot of money from the wine lobby. A couple years ago she pushed through, on a voice vote, a draconian increase in Federal sentences for cannabis edibles. The pretext was of course, “protecting the children”. A child might eat a cannabis brownie! The draconian increase harkens back to the dark episode in Dem politics vis a vis crack cocaine sentences. LK, What the liquor, particularly the wine industry, fear is losing women. That was the real motivation behind Feinstein’s little publicized vote. Men comprise a much larger % of cannabis smokers. Generally, men are smokers, snorters and shooters, women are pill poppers. Edibles are something women abide. The few women I see in dispensaries are usually buying edibles. My observations in dispensaries are ~4-1 men. However, while all the good points made about liquor, pharma, private prisons, etc. However, you’re missing the public sector monied interests..police, attorneys, probation, prisons, etc. They will lose ~2-30% of their “business.”
Miss Min,
You’re a nasty lot.
Its obvious, you call Florida home.
It’s coming through a hole in the air
From those nights in Tienanmen Square
It’s coming from the feel
That this ain’t exactly real
Or it’s real but it ain’t exactly there
From the wars against disorder
From the sirens night and day
From the fires of the homeless
From the ashes of the gay
Democracy is coming to the U.S.A.
And it’s coming through a crack in the wall
On a visionary flood of alcohol
From the staggering account
Of the Sermon on the Mount
Which I don’t pretend to understand at all
It’s coming from the silence
On the dock of the bay
From the brave, the bold, the battered
Heart of Chevrolet
Democracy is coming to the U.S.A.
It’s coming from the sorrow in the street
The holy places where the races meet
From the homicidal (b-word)
That goes down in every kitchen
To determine who will serve and who will eat
From the wells of disappointment
Where the women kneel to pray
For the grace of God in the desert here
And the desert far away
Democracy is coming to the U.S.A.
Sail on, sail on
O mighty ship of state
To the shores of need
Past the reefs of greed
Through the squalls of hate
Sail on, sail on, sail on, sail on
It’s coming to America first
The cradle of the best and of the worst
It’s here they got the range
And the machinery for change
And it’s here they got the spiritual thirst
It’s here the family’s broken
And it’s here the lonely say
That the heart has got to open
In a fundamental way
Democracy is coming to the U.S.A.
It’s coming from the women and the men
O baby we’ll be making love again
We’ll be going down so deep
The river’s going to weep
And the mountain’s going to shout “Amen”
It’s coming like the tidal flood
Beneath the lunar sway
Imperial, mysterious
In amorous array
Democracy is coming to the U.S.A.
Sail on, sail on
O mighty ship of state
To the shores of need
Past the reefs of greed
Through the squalls of hate
Sail on, sail on, sail on, sail on
I’m sentimental if you know what I mean
I love the country but I can’t stand the scene
And I’m neither left or right
I’m just staying home tonight
Getting lost in that hopeless little screen
But I’m stubborn as those garbage bags
That time cannot decay
I’m junk but I’m still holding up
This little wild bouquet
Democracy is coming to the U.S.A.
The Obama campaign did not waste any resources in Texas.
Realistic, Do you not follow politics at all?
Do you live in Florida? I’m talking about your state, did Obama win?
Realistic, Chicago did not target Texas or don’t you keep up……obviously not.
Realistic, I called into Florida for two weeks.:)
OS, I second, Woosty. You are one cool old guy like Leonard.
Miss Mom,
You sound like a gloating winner. Exactly what did you do that caused Obama to win your state?
Otteray Scribe
1, November 13, 2012 at 8:32 am
——————————————–
Thank You for that post! I needed it……. 🙂
“Colorado Gov. John Hickenlooper held an 11-minute conference call with U.S. Attorney General Eric Holder on Friday in an attempt to gauge how the federal government will respond to Colorado’s legalization of marijuana.
The governor’s office provided few details on the call and didn’t indicate whether any agreements were reached. State Attorney General John Suthers also participated in the call, which took place a little after 3 p.m.
“They emphasized the need for the federal government to articulate what its position will be related to Amendment 64,” Hickenlooper’s spokesman, Eric Brown, said in a statement. “Everyone shared a sense of urgency and agreed to continue talking about the issue.”
Amendment 64, which Colorado voters approved Tuesday with 55 percent support, legalizes possession of up to an ounce of marijuana for any purpose for people ages 21 and older and also allows specially licensed stores to sell marijuana starting in 2014.” Denver Post