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
Posted this the other day. Will repost.
Knock, knock. Who’s there?
http://i45.tinypic.com/4gpzkz.jpg
sm,
yep. King David a heartbeat away from the presidency.
ap, There was talk of Romney picking Petreaus as v.p. lol
nick, Good and just people favor marriage equality. Judgemental ones don’t. You are probably right about cannabis.
Did someone mention “democracy”…?
Oliver Stone on Petraeus: “I don’t see the hero”
http://www.cbsnews.com/8301-505263_162-57548885/oliver-stone-on-petraeus-i-dont-see-the-hero/
“I was raised a Conservative, a believer in the American mythology…I went to war in Vietnam for it,” Stone said before taking aim at American exceptionalism, “We consider ourselves as…the indepensable nation…we are operating on the edge of a very dangerous precipice,” Stone claimed.
Turning to Petraeus…
“I don’t understand all the furor…in American media, they praise him as a hero. I don’t see a hero. I see a misguided policy in Iraq…misguided policy in Afghanistan…the military worship in this country has reached unhealthy proportions.”
Stone defended his stance, explaining “I am all for honoring people who served…I am a veteran myself,” but added, “I don’t believe in false worship and hero worship.”
AP,
I agree with you and Oliver Stone. I think the reason the General got involved with Ms. Broadwell in the first place was because he felt a hagiography would be another step towards his ultimate goal, the Presidency. Like with all men lusting power, sex got included into the mixture.
SWM, Aren’t “good and “bad” judgemental words? I thought the “good” people here weren’t judgemental. Allthough, an initiative I “favored” or “supported” in Ca., akin to the Co. and Wa. cannabis ones that passed, was put on the ballot in the 2010 election. That was stupid and I don’t abide stupid.
Otteray Scribe
1, November 13, 2012 at 11:16 am
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He may be a Jewish Rinzai Zen Buddhist monk but that piece has a distinctly Christian sensibility and rolling the rock from the tomb is Christ based visionary essence and it is a truly lovely hymn……thank you again….
“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.”~Mike S.
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the old saying that a local snake can defeat the mightiest dragon has been defeated….again. 🙂 The thing about the local scene is that those who bully with position and wealth are fashioning a prison for themselves with every obstacle they throw in the path of those who strive forward honestly and without the tools of manipulation and obstruction. It is a bad recipe for anything other than the poop hitting the fan….which is what we all witnessed. That said, I think Citizens United is still in the crosshairs of anyone who sees the inequality it delineates in a so-called Democratic system….the house is getting cleaned….or the dirt is being swept under the rug….but not in the dark anymore…
FWIW, Leonard Cohen is Jewish, but has been ordained as a Rinzai Zen Buddhist monk and took the Dharma name “Jikan.” He is a mystic. He is also Canadian, not an American citizen.
I have trouble listening to this all the way through without choking up. (Warning, annoying commercial lead-in.)
“He is a mystic.”
OS,
That is exactly what Leonard is. His Jewish identification would I guess be similar to yours with your Scottish heritage, a matter of pride from whence you sprung. I truth, while I’m nowhere near his league in any instance, his faith is similar to mine as you know doubt would guess from my Gestalt background.
MikeS,
=================
“but sounded like program-written propaganda based on standard image phrases.”
ID707,
Leonard Cohen is hardly and establishment propagandist if you know the full body of his work:
=================000
I did not anywhere say he was an establishment propagandist.
You are seeing things that are not there.
Take Vivaldi: Four Seasons. Programmatic music.
1812 Ouverture, also programmatic.
Scheherazade, also programmatic.
Seldom great music, but stirring.
Add a message, as Cohen did in his text, and you have propaganda promoting the Gread America meme. And if it seems to coincide with the one used by the corporations and the establishment, then those are your words, not mine.
I don’t have to put my blinders on just because it is Cohen who is singing. The critics role is most important on such occasions.
You’ll have to ask Leonard if he has sold out. I have no idea, and did not say that he had, NOWHERE.
You
The lyrics to Democracy had to be changed in that I had to take out the b-word and put in (b-word) … da*m trolls
MikeS,
Are you reading too quickly today?
This was a criticism of this particular song. Not his other works, and I said that I loved his early works and did NOT know well his works of later years. Did you read my words?
I claim not to be an knowledgeable person on Leonard, but I do own and enjoy several of his books of poetry and lyrics from his early era.
He is an example of why I am fascinated with the jews and their history.
He represented to me an almost mystical viewer, a seer of other worlds, those scenes near us but not here.
“This was a criticism of this particular song.”
ID707,
I understood you, but wanted to point out that taken in context with his whole body of work “Democracy is Coming to the USA” is a battle hymn, call to arms, more than a political statement of what he sees the situation is really.
SwM,
😉
MikeS,
Magnificently put as usual.
May I suggest for consideration to you USA folks that my belief is that it is the people contact, from mouth to ear, that made local changes both locally and nationally.
I am reminded of Blouise’s account of a luncheon with other ladies, mostly Republican leaning, who she managed through skillful questioning find out that they thought the Republican position on contraception, etc beyond the pale. They could not vote for Romney.
Thus the word may have gone, intra-ethnically and between at the mixing points in the nation. “Down with that crap, up with the only hope left, Obama. Vote, above all vote.”
nick, If it had not been a presidential year with a large turnout of progressives, most of the good initiatives would have been defeated and the bad ones such as the anti- gay marriage amendment in Minnesota would have passed.
Blouise,
THAT is Leonard Cohen that I love. So much implied and half spoken. Beautiful.
Hallelujah indeed and again the biblical 40 times.
MikeS, You’re not going to go Orwellian are you, “Some ballot intitiatives are more equal than others.”
The convetional wisdom is that “money wins in elections” but that was refuted in Freakonomics.
“but sounded like program-written propaganda based on standard image phrases.”
ID707,
Leonard Cohen is hardly and establishment propagandist if you know the full body of his work:
http://www.youtube.com/watch?v=yG5e1oaen-M
I did my best, it wasn’t much
I couldn’t feel, so I tried to touch
I’ve told the truth, I didn’t come to fool you
And even though it all went wrong
I’ll stand before the Lord of Song
With nothing on my tongue but Hallelujah
Hallelujah
Hallelujah
Hallelujah