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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 S “Actually as someone who doesn’t believe in our system of government {HC, I presume} I’d label you a traitor, However, I respect your right to stupid free speech.
    *

    OMG, are we going to have a problem here? I’m a socialist by preference. 🙂

    You OK lately? You are posting kind of testy here and there (I have noticed) and you (along with Mespo, who posted a few very testy comments a bit ago) are consistently the most gentlemanly and even-tempered posters on this blawg, year in and year out. You OK or is it that ‘teh stupid’ is getting on your last nerve; a circumstance I know nothing about. 🙂 Election seasons are hard on blaws and their posters. You OK?

    1. LK,

      I generally am even tempered so people haven’t noticed that occasionally I sting like the Scorpio I am. What sets me off the most is the disingenuousness of some people and the blind, smug stupidity of others. My beef with HC is not so much about his politics but the vitriol of his hatred towards those that disagree with him. His history here is as a tea bagger and to me tea baggers have little difference from the KKK, or the Aryan Nation, thus deserve short shrift.

      Now as to whether socialists are Americans my belief is that Capitalism is nowhere mentioned in the Constitution. Anyway, some of my best friends are socialist, but the question is would I want them to marry my children? 🙂

  2. Nick, the law enforcement/prison industry is a problem on many levels, I think approaching it on a strictly economic, actually tax saving issue, would work on a state level. Do you want bridges and roads and medicaid for your mom and pop’s nursing home bill or do you want to put people in jail for smoking a weed? That kind of message would make headway.

    So many of these issues boil down to jobs. Lotta’ folks work in the law enforcement/prison industry and losing those jobs is an issue in many states, there’s heavy competition for the building of prisons. Lack of jobs is a drag on social progress IMO.

  3. Bolouise: “The analogy to tomatoes is also an eye opener. All in all, an article containing lots of food for thought. Lord, I’m not trying to pepper this post with puns but they just keep on coming.”
    *
    Good evening dear, I got to the blawg late and have to catch up, talk to you later. 🙂

    ——-
    AP, “Knock, Knock”- I REALLY like that picture. Thanks 🙂

    ——-
    leejcaroll: “Gay marriage and marijuana being legalized on the same day, now it all makes sense. Leviticus 20:13 ….”
    *
    Thanks for passing that along, it is choice. 🙂

  7. Can anyone answer the following question (and follow up question) I’ve had for along time:

    1st: If the US government holds a patent saying that cannabinoids act as neuroprotectants & etc (patent # 6630507) how can it also claim (via the Schedule 1 rating) that is has no medicinal properties and should be regarded as dangerous as drugs such as heroin?

    2nd: How (since when) can any individual or entity hold a patent on a naturally occuring plant?

    Deleting a long rambling post (its late in the day and I am tired) I’ll leave with this thought I had awhile back regarding the wonderful planet saving properties of Hemp…

    “Maybe God made getting high on weed as pleasurable as he did, just so that we’d realize Hemp can be a solution towards a lot of our problems”

  10. (This not original with me found it posted elsewhere: Gay marriage and marijuana being legalized on the same day, now it all makes sense. Leviticus 20:13 If a man lays with another man he should be stoned

  11. Swarthmore mom

    blouise, raff, Since african american support for Obama was at about 95%, there are probably quite a few of those precincts in “urban” areas.

    ————————————————————————-

    Of course there are and guess what, not all the people in those precincts are black. Yeah, go figure, there are actually white people in those urban precincts who like Obama and, horrors upon horrors, voted for him. Makes little republican heads spin in disbelief.

    NO!! It’s got to be voter fraud! It has to be voter fraud!

    There’s a really good article in the NYTimes today … give it a read and if you are a Republican, have a drink first:

    http://campaignstops.blogs.nytimes.com/2012/11/12/red-versus-blue-in-a-new-light/?ref=opinion

  12. Mike S.,
    I agree with. If they want to leave, it is more Federal money for the rest of us. No military bases, no Federal monies, no military..good luck.

  13. SWM and bettykath, When I say Dem and Repub would rather have the other win than see a 3rd party win you don’t think I meant us pawns do you? I’m not talking about voters, I’m talking about the established duopoly. You know..the white guys in white shirts, blue suits and red ties.

  14. blouise, raff, Since african american support for Obama was at about 95%, there are probably quite a few of those precincts in “urban” areas.

  15. Hubert,
    Actually, Obama received more than 50% of the vote nationwide. Show us the evidence of the voter fraud that you are claiming. An amazing claim in light of the significant voter suppression by Republican state administrations.
    Blouise,
    good response!

  16. Hubert Cumberdale,

    Check out places like Wyoming where Romney got a 100% in several precincts … there are other red states where republicans consistently get 100% in certain precincts but I guess it’s only suspicious when it’s Obama ’cause how could everybody in a precinct actually vote for the democrat when there’s a lovely republican on the ballot. Impossible! Unthinkable! Only republicans are allowed to do that!

  17. Hubert Humperdinck,

    And properly so, that one did not win either. Nor did the birthing issue, or the contraceptive one, nor Dog should steer all, aka as “Christian sharia rules”.

    Anymore sour grapes in the basket? Did you see the video
    “America mourning” starring Romney supporters.
    Were any of them not obese? Think, a nation with almost 50 percent insane, obese and soon to be diabetic.

  19. Malisha,

    Her interpretation of Hallelujah is, in my opinion, the best out there … and there are some really good ones.

    I first heard the piece in the 90’s when I was doing some work in NYC and stopped in at a club one night to listen to Jeff Buckley. I almost fell in love with the dude over that one song. He put it on an album called Grace which I have . I’ll try to see if I can find a cut on youtube that’s closer to the club version as opposed to the album cut

  20. Again, as I figured, there is a huge factor of voter fraud again. And, as I figured, I sincerely doubt anything will be done about it. The voter fraud such as Obama’s default voting, and the military ballots that were not counted, or didn’t make it to the military in time, or were mysteriously destroyed in a plane crash may actually add up to Obama not even winning.

    But again, I really doubt anything will be done about it. Doing so, one would be labeled a racist and ran out of town.

    1. “Doing so, one would be labeled a racist and ran out of town.”

      Hubert,

      Actually as someone who doesn’t believe in our system of government I’d label you a traitor, However, I respect your right to stupid free speech.

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