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Will We Tolerate Democracy?

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

143 thoughts on “Will We Tolerate Democracy?”

  1. “Mike Spindell
    1, November 13, 2012 at 11:53 am
    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.”
    ===========

    Right on the money. Two power mad people tried to seduce each others minds, had sex, and got ultimately screwed.

  2. Many of you seem so optimistic that, as a result of this election, something really will change and we will move forward on progressive issues – freedom to marry whomever you like, freedom to choose the much safer marijuana over booze, Vicodin, and Xanax. I really hope you are right.

    Our country will not only be a much nicer place to live, but finally, a positive influence on the World once again. When was it that we moved from a country founded on tolerance by people running from intolerance? How did it get so far out of balance so fast?

    When I first heard the poem from Martin Niemoller in school, it seemed shocking to me. How could people sit by while the government did this to people? Certainly, I felt, I would not. Yet, they do it so slowly, you hardly notice. Here in the “greatest democracy on earth” many live without basic freedoms – the freedom to marry who you like, to have children with them, freedom to smoke pot if you want to. And the people restricting those freedoms, sit in DC ands don’t even play by their own rules.

    Freedom for one is only truly possible when there is freedom for all.

    First they came for the communists,
    and I didn’t speak out because I wasn’t a communist.

    Then they came for the socialists,
    and I didn’t speak out because I wasn’t a socialist.

    Then they came for the trade unionists,
    and I didn’t speak out because I wasn’t a trade unionist.

    Then they came for me,
    and there was no one left to speak for me.

  3. MikeS, Good comment and article. I’ve read and seen Hedges on tv. My hope for a 3rd party is just what you point out. Moderates and folks w/ just common sense, people who are not professional pols, are being purged from both parties. My hope is a 3rd party of these good, moderate, sensible people. My fear is w/ the disdain so many people have for both parties that a 3rd party demagogue will arise. Someone said that if people have a choice between anarchy and dictatorship, they’ll always pick the dictator.

  5. MikeS,
    ====================
    “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.”
    ==============

    But that is not what you said Mike. You said that I had said that he was “and (sic) establishment propagandist”

    If you had given your interpretation as above, then we could have discussed that. To wit, it is in the form of a battle hymn, a call to arms, and is not a political statement—AGREED. But it is equally falsely based on standard images and falsely claims to point out the sources of where democracy will come from.
    But all that is discussable. Not your accusation that I called him an establishment propagandist. Not so.

  7. I think it’s just going to have to be admitted that most Americans do not want to roll back abortion rights, DO want to smoke some weed from time to time, and don’t care who marries whom as long as they don’t have to pay for the weddings themselves. These issues are not the real issues for Americans. The real issues for Americans are more along the lines of being able to make a decent living, get a passably decent education for the kids, keep a roof over their heads and a loaf on the table, and be able to go to the doctor when they’re sick. Oh yeah, and being able to own a tank and an AK-47 dog.

    1. But Heck Malisha, if the repubs hadn;t spent all their time on those they might have passed a jobs bill etc and maybe made the president look good (by having a better recovery)

  8. WOOSTY SAID:

    “Woosty’s still a Cat
    1, November 13, 2012 at 11:24 am
    Otteray Scribe
    1, November 13, 2012 at 11:16 am
    ——————————-
    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….”

    Agree wholeheartedly.

    But his own early autobiographical writings indicate that he was more than just aware of
    Christianity, and its challenges to judendom. Perhaps, I say perhaps, it would be regarded as an obligation for a learned jew of the Cohen family to be well-informed and have reflected on the ideas within Christianity. Christianity is of course more than the first interpretations by his disciples, who were jews, that he was the long prophesied messaih.

    Of course the Zen system is one of leader and disciple.
    And the cave is the holy man’s retreat. The stone can also symbolize the stone of ignorance that only the leader can help him move. All that is lacking is the unexpected clap on the cheek.

  9. The conservatives in Arizona are really scratching their heads after this election, they cannot believe that gays, women and pot won over their oppressive small minded theology.

    The governor here was suing the Feds to clarify their position on medical marijuana. Arizona still does not have any pot dispensaries because of this. If you want medical marijuana now, you have to grow it your self!

    The bigger issue is the classification of marijuana as a schedule 1 drug. This has to be changed. Pharma, the alcohol industry and the law enforcement leeches that have been making millions off these draconian policies will fight it out to the end.
    What would happen with rescheduling is it will make marijuana easily available for scientific study. With over 30 different cannabinoids, all of them with different effects, marijuana could become the incredibly useful. Since the human body has cannabinoid receptors in every single organ, these substances could be used to deliver drugs to specific sites in the body. It is a crime that we have not been able to thoroughly study these cannabinoid compounds.

    Also, Colorado may be the first state to grow industrial hemp for commerce. There is no good reason for this plant to be restricted in any way. Hemp is a 500 million dollar a year import market, mainly from Canada. Colorado will be able to capture this market- one that is defined by incredible growth in sales of hemp foods, body care and fabrics. This will expand to single use plastics, auto parts, and eventually hemp based ethanol- it is the very best source for plant based fuels.
    The use of hemp-crete to build zero energy use homes is also a growth industry everywhere but the US, alternative builders have some hope now that they will have access to ‘home grown’ hemp cellulose.

    Really good post JT!

  13. BLOUISE, OMG OMG I heard KD Lang’s Hallelujah and I was paralyzed. All I could think when it finished was that I wanted to hear him sing with Tonya Pinkins. OMG OMG. THANK YOU!

  16. Gays are being allowed to marry according to laws that exist on earth. People allowing weed to be used without being arrested. DSM removing zoophilia from the list of mental disorders. All of this shows that little by little the icy grip of the unseen devil is having to loosen his death grip allowing people to have real freedom. What people for along time called democracy brought bondage, and death in war trying to call it good. For once things are changing for the better. Hatred against people called the pedo needs to change next. Hate leads to murder. Nipping hate in the bud saves souls. A , D word saves no one. Trolls need to metamorphisize to not be hateful controlling trolls.

  17. MikeS,

    I think the younger demographic is starting to show up and let their voice be heard. I know this is an anecdote, but when I was in the Marine Corps I served with a Marine who was gay. He was a very good Marine and I never understood why people would let his sexual orientation get in the way of his evaluation. Then I realized criticism was mostly from older people, and almost all of his peers recognized his ability regardless of his sexual orientation.

    I think my generation, in general, is more accepting of different lifestyles, whether it is drug use, sexual orientation, prostitution and other social issues that the GOP seems unwilling to reassess their stance on. It seems to me that the GOP has relied on so many myths to keep people down, and as these myths are debunked, albeit slowly, I believe that inclusiveness will be the rule.

    1. “I think my generation, in general, is more accepting of different lifestyles, whether it is drug use, sexual orientation, prostitution and other social issues that the GOP seems unwilling to reassess their stance on. It seems to me that the GOP has relied on so many myths to keep people down, and as these myths are debunked, albeit slowly, I believe that inclusiveness will be the rule.”

      John530,

      You can’t imagine how much I fervently want to believe your words.

  18. sm,

    As you know, I’m guessing, MoveOn backed off in 2010:

    http://en.wikipedia.org/wiki/MoveOn.org_ad_controversy

    “On June 23, 2010, after President Obama nominated General Petraeus to be the new top U.S. and NATO commander in Afghanistan (taking over the position from retiring General Stanley McChrystal), MoveOn erased these webpages and any reference to them from its website.”

    http://www.latimes.com/news/politics/la-pn-petreaus-cultivated-media-20121112,0,832554.story

    Petreaus cultivated the media, and they treated him gently

    By James Rainey

    November 13, 2012, 4

    The liberal antiwar group MoveOn.org, though, attacked Petraeus in 2007, calling him “General Betray Us” in a full-page ad in the New York Times and saying he had been “cooking the books for the White House” in order to exaggerate progress in the unpopular war.

    “Petraeus had also made a point to subordinates of the imperative for personal integrity. He told his proteges “that character was what you did when no one was watching,” according to an account in the Washington Post. “And he would always hasten to add, from his most public of perches, that ‘someone is always watching.’ ””

  19. Rep Paul Ryan pushes Rep Tom Price for House leadership post. He is the anti -science guy that Elaine wrote about. So glad Ryan is not vp.

  20. ap, Move on was on to him years ago. They called him betreaus or something like that.

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