Opinion

DARLING: Marijuana Vote Is A Test For Congress On Federalism

Shutterstock image via user Jan Mika

Brian Darling Liberty Government Affairs
Font Size:

Federalism is the idea that any powers not specifically granted by the Constitution to the federal government are reserved for the states. This week, that idea will be put to the test when the House of Representatives votes on an amendment to bar the Justice Department from prosecuting marijuana sellers in states that have allowed the practice.

The bipartisan push by Reps. Tom McClintock (R-Calif.) and Earl Blumenauer (D-Ore.) will test many Republicans’ claims that they are indeed federalists. Constitutional Law Professor Randy Barnett described the conundrum:

Some people are “fair weather federalists” who only assert the virtues of federalism when they lack the votes in Congress for the national policies they prefer. I think this is a mistake. The federalism of our constitutional order has yielded some enormous advantages for protecting the rights retained by the people. … If the federal government only has the power to provide for the common defense as well as to protect the free flow of commerce between states, along with a few other specific tasks, most of the laws affecting the liberties of the people will be made at the state level. This would include the regulation of most economic activity as well as what are today called “social issues.”

The legislation in question is titled Strengthening the Tenth Amendment Through Entrusting States, or the STATES Act.” Sponsors include Sens. Cory Gardner (R-Colo.) and Elizabeth Warren (D-Mass.), as well as Reps. David Joyce (R-Ohio) and Earl Blumenauer (D-Ore.).

That bill permits states to determine the best approach to cannabis regulation within states, territories and the District of Columbia. It does not completely resolve the conflict of laws between states and the federal government’s Controlled Substances Act (CSA), which federally prohibits any marijuana use and production, but it will yield federal enforcement if a state has passed some level of cannabis legalization.

A bipartisan group of 12 governors led by Republican Massachusetts Gov. Charlie Baker and Democratic California Gov. Gavin Newsom are supporting the STATES Act. It’s a strong show of support by leaders in states for this idea in federalism. The upcoming vote on the McClintock amendment will show Members of Congress’ commitment to the idea of federalism.

Consistent with federalism, police power related to the regulation of marijuana laws should reside with states. This vote will be a test of congressional support for federalism, and it’s one of the few votes in this Congress where a bipartisan group might be able to push some good policy.

Brian Darling is a former senior communications director and counsel for Sen. Rand Paul (R-Ky.) and founder of the D.C. based firm Liberty Government Affairs. He is a registered lobbyist for Weedmaps, a tech company that provides information for consumers on where to purchase cannabis in states that have permitted it, but is not writing in representation of the company.


The views and opinions expressed in this commentary are those of the author and do not reflect the official position of The Daily Caller.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel