cannabisnews.com: It's Not the Cannabis, It's the Constitution





It's Not the Cannabis, It's the Constitution
Posted by CN Staff on August 06, 2002 at 14:01:11 PT
By Jonathan Turley
Source: Los Angeles Times 
Even in a city where cross-dressing is a protected right--if not a cherished tradition--San Francisco leaders have turned heads recently by appearing publicly in a new type of trans-political apparel. Members of the ultraliberal San Francisco City Council have suddenly taken on states' rights--normally a conservative stance--as their cause celebre.Their opponent is none other than ultraconservative Atty. Gen. John Ashcroft--normally a states' rights advocate--who is asserting the supremacy of the federal government.
At issue is the desire of California citizens to allow seriously ill patients to use medical marijuana to relieve their pain and discomfort. Advocates in San Francisco have proposed a program in which the city government itself would grow and distribute medical marijuana; a November ballot measure is planned. If San Francisco voters approve the measure, a major confrontation over states' rights will be triggered and may prove to be one of the most significant federalism cases in decades.Federalism protects the states from the encroachment of the federal government, leaving the primary decisions of government to the individual states. It is a principle based on the idea that power is safest when held closest to the people. Under our system, each state is allowed to try what U.S. Supreme Court Justice Louis Brandeis once described as "novel social and economic experiments" in solving contemporary problems.Federalism is often wrongly seen as a Republican or conservative position. Liberals have long considered the federal government to be more enlightened than the states. For example, during desegregation, federal courts and Congress proved far more protective and active in the area of equal rights. As a result, liberals have often rallied in opposition to federalism to the same degree that conservatives have rallied around it.Both conservatives and liberals now face a quandary. While liberals were once happy to see the federal government shape state policies in its own image, they are less enthusiastic now that the image is that of Ashcroft.In California, advocates found themselves arguing for the use of medical marijuana to a man who does not smoke, drink or dance and who probably viewed the 1936 movie "Reefer Madness" as a medical documentary.Liberals have suddenly discovered federalism and the right of state self-determination. While conservatives have long defended states' rights, they now face states that want to experiment with gay marriages, medical marijuana and assisted suicide. Accordingly, conservatives have suddenly discovered the need for uniform federal laws in traditional state areas.The controversy over medical marijuana has less to do with pot than it does principle.Note: Jonathan Turley is a constitutional law professor at George Washington University. Snipped:  Complete Article: http://www.latimes.com/news/printedition/opinion/la-oe-turley5aug05.story?nullSource: Los Angeles Times (CA)Author: Jonathan TurleyPublished: August 5, 2002 Copyright: 2002 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmGoing To Pot - ABCNews.comhttp://cannabisnews.com/news/thread13590.shtmlSan Francisco Puts Growing Marijuana on Ballot http://cannabisnews.com/news/thread13517.shtml San Francisco Eyes Marijuana Farminghttp://cannabisnews.com/news/thread13512.shtmlS.F. Considers Growing its Own http://cannabisnews.com/news/thread13505.shtml
Home Comment Email Register Recent Comments Help




Comment #14 posted by p4me on August 07, 2002 at 10:02:10 PT
Kubby says "Amazing" on pot-tv
The Wednesday show with the Kubbys at pot-tv saved this for their last article. You know how Reagan would draw out a "Well" so he could gather his thoughts before he spoke? Kubby kind of gasp for air as he sets up his big description and when it comes he uses a full breathe to lay a big and smiling, and long "aaaaaaaaammmmmmmmmmaaaaaaaaa...zing" on us. It is a West Coast end to the silence and another bullshit of record.There is the old saying of pictures outworking thousands of words. Sometimes we see some strong words that draw to sharp points but we cannot do in 15 seconds what the Bob Barr protest commercials by the Libertrian Party do. The ad that showed on the 8/6 show was powerful. Powerful enough to summon tears. Really.They have s shriveled up woman that has already lived her 3 score and 10 years and let her talk from her hospital bed completely horizontal and you would think that the person that has to lift her has light duty. In the scetchy whisper she would introduce herself as an MS patient and she would cite Bill Barr. She would say Bill Barr would put me in jail for wanting my medicine. Makes you think the "What are you trying to do- kill me" ads are coming. It would repeat her calling Bill Barrs name and it was real name calling, and the name of insanity is Bill Barr. Goodbye Barr. We are taking no prisoners and your public service has been killed. Leave your chair in Washington ex-representative Barr- it belongs to the people.Here is the link to todays Kubby show: http://www.pot-tv.net/archive/shows/pottvshowse-1457.html1,2
[ Post Comment ]


Comment #13 posted by kaptinemo on August 07, 2002 at 09:09:34 PT:
And while you, my friends, peruse these links...
keep something in mind:These are lawyers. They know better than anyone the history of Constitutional law in the United States. They know the cases year-by-year and the reasoning behind the seperation of powers granted in the 9th and 10th Amendments.They know...and they continue to rape our rights in the name of saving them. More anti schizophrenia.
[ Post Comment ]


Comment #12 posted by kaptinemo on August 07, 2002 at 08:45:14 PT:
More about the Federalist Society...from their
opponents.THE FEDERALIST SOCIETY: From Obscurity to Power
Right-Wing Lawyers Who Are Shaping The Bush Administration's Decisions On Legal Policies and Judicial Nominations
http://www.pfaw.org/issues/judiciary/reports/federalist/This part is especially telling, and proves my point about their inherent two-facedness:"Federalist" Principles vs. Federalist Authority 
http://www.pfaw.org/issues/judiciary/reports/federalist/authority.htmlfrom the article: Activities by the Federalist Society and some of its prominent members on such subjects as congressional authority and civil rights reveal the scope of the changes the group seeks to bring about in America's legal landscape. As its name suggests, the organization warmly embraces its version of the concept of "federalism"-limiting federal authority to areas such as national defense and ceding most powers to states and localities. While many Americans respect the right of state and local governments to make certain decisions, leading members of the Society take federalism to an extreme by seeking to block the ability of the federal government to enact and enforce laws protecting the environment, civil rights, workplace health and safety, and other areas. The drumbeat for its radical view of federalism permeates the Federalist Society's publications and conferences-including its law school chapters. An article in the newsletter of one such chapter laments that judges "have usurped state and local governmental authority..."85 In an October 1997 Society panel entitled "Federalism Revived?" panelists critiqued Supreme Court rulings and articulated their view that courts should restrict the ability of the federal government to enforce various laws. Greg Katsas, a prominent Society member who serves as an officer of the organization's litigation practice group, criticized the Supreme Court's "bad" decision in City of Rome v. United States (1980) to uphold the federal government's authority to enforce the Voting Rights Act because, he said, it permitted "enormous intrusions into state voting structures..."Interesting to see where their blind spots are, isn't it?
[ Post Comment ]


Comment #11 posted by kaptinemo on August 07, 2002 at 08:37:35 PT:
Thank you, 4D, but I don't deserve any praise
I'm just another Joe with a spleen full of bile that needs venting.But you know what's so funny about all of this? Ashcroft is a star member of The Federalist Society:http://www.fed-soc.org/Now go here and read of how they have prospered...at the expense of all of us:The Federalist Society:The Conservative Cabal That's Transforming American Law By Jerry Landay
http://www.washingtonmonthly.com/features/2000/0003.landay.htmlTheir publicly stated goal is supposedly to stop the very encroachments upon liberties the Feds routinely, almost unconsciously perform on a daily basis.That's right. Ashcroft the Federalist Society member would - by their own stated principles - be against what Ashcroft the Attorney General has been doing.Children, can you say, "Hypocrite"? Sure you can!
[ Post Comment ]


Comment #10 posted by dddd on August 07, 2002 at 08:00:06 PT
..Kaptinemo and p4me...
....Outstanding!!!..you are the BEST!....Dont Stop!......
 
 
..Sincerely..........dddd
[ Post Comment ]


Comment #9 posted by kaptinemo on August 07, 2002 at 07:27:35 PT:
A major gauntlet has been thrown down in front of 
the Feds. And it's impact for all of us is no less important.In the beginning, the individual States were supposed to be, in effect, sovereign countries agreeing to form a federation for mutual self-protection...but having a weak central government. For over 130 years the Federal government has steadily encroached upon the rights of the individual States - and thus, individual rights. At first, it was supposedly to ensure that States didn't perform the same kind of encroachments upon individual rights. But now, with State's Rights almost nonexistent, and most States laying supine under a largely unConstitutional power grab (The Harrison Narcotics Act of 1914 and the Marihuana (sic) Tax Act of 1937 the most germane examples, to us) the emphasis on individual rights have also suffered as a result. The States were supposed to be the last bastion of protection against the (foreseen by the Founders!) eventual Fed power buildup. The idea was to prevent the very thing we are experiencing right now...centralized power trampling upon the rights of citizens of the various States. Nevada and California are two States that have in effect drawn a much-needed line in the sand...and at a time when the Feds are facing a crisis of their own making. The seeds sown by Fed unConstitutional acts of the past have sprouted, bearing very bitter fruit for the Feds. To press their power advantage now makes them look like unconscionable bullies, and they know it. Nevadans in particular have plenty of grievances against Uncle for treating their State like a radioactive toilet. How many cases of cancer have resulted from the open-air Yucca Flats testing of the past? Many of those victims died long after testing was stopped, simply because of the long lasting effects of fallout. The actor John Wayne and the cast and production team of a movie he was starring in may have found this out the hard way.This is an event of major proportions, despite the seeming 'giggle factor' of it seeming to revolve around cannabis re-legalization. Much more is at stake here. Much more.
[ Post Comment ]


Comment #8 posted by p4me on August 06, 2002 at 18:53:57 PT
Tonight's the night
As media representative to Cnews from the Extremist Party, I must first announce that the 3 month countdown to the election is upon us. Welcome my fellow Extremist,We are all aware of the peril of our democracy. Tonight as the designated representative of the Moderate Extremist I welcome you to the message and announce our campaign of "Back away from that prisoner, Mr. Public Servant". We support the "Take No Prisoners" campaign of the Party, and we demand an end to their lies and murder and their public office.The following from AlMartinRaw#66 about the President telling us of the historic corporate anti-fraud legislation to put the Enron types (not Enron of course)in jail for sucking out 3.3 billion$ for the highest officers of just the top 25 largest corporations in America: http://www.almartinraw.com/column66.htmlAnd then off camera they caught him. He walked away from the podium, and he wouldn't take any questions, which was surprising because there were supposed to be open questions. They had Paul O'Neill and John Ashcroft there, and Sarbanes and a couple of the Democrats who helped him. All these guys were supposed to say something after the president and they had their little microphones on. But when he walked past all them, I don't think he realized they had mics on. And the last thing he said in his speech was that those who commit securities fraud and shred documents to cover it up are going to go to jail. Then he wiped his brow, and when he walked past Sarbanes, he rolled his eyes, and when he turned his head, you could hear him say, "I can't believe I just said that." -------------------------------------------------------
Thank you my fellow extemist for messaging with us tonight. Our voters in Alaska and Nevada will send the message to our soon to be fired elected official that they are to "Take no prisoner" and neither will my people of the Moderates.1,2
[ Post Comment ]


Comment #7 posted by mayan on August 06, 2002 at 17:49:15 PT
Police State's Rights
Their opponent is none other than ultraconservative Atty. Gen. John Ashcroft--normally a states' rights advocate--who is asserting the supremacy of the federal government.The U.S.A. will soon be a police state unlike any ever witnessed before. We must stop them while we still have some freedom left!unrelated -Atlanta Journal Constitution Smears McKinney Over Vague Terrorist Donations - Ignores Established Republican Case
– A Republic in Peril: 
http://www.fromthewilderness.com/free/ww3/080302_atlanta_journal.htmlTHE US GOVERNMENT INFORMED OTHER NATIONS OF THE PLAN TO INVADE AFGHANISTAN MONTHS BEFORE THE ATTACKS ON THE WORLD TRADE TOWERS! 
http://whatreallyhappened.com/preplanned.htmlBush Aides Deny Getting Plan to Fight Al Qaeda:
http://story.news.yahoo.com/news?tmpl=story2&cid=584&ncid=584&e=1&u=/nm/20020804/pl_nm/attack_plan_dc_4 Another FBI Agent Blows the Whistle:
http://www.laweekly.com/ink/02/37/news-crogan.phpBush administration moves to stifle discovery in 9/11 lawsuits:
http://wsws.org/articles/2002/aug2002/bush-a02.shtml9/11 Special Report - the Secret History: 
http://www.time.com/time/covers/1101020812/story7.htmlWAS 9-11 ALLOWED TO HAPPEN?
http://216.239.37.100/search?q=cache:CBBKHT063swC:www.geocities.com/northstarzone/WAR.html+&hl=en&ie=UTF-8 
[ Post Comment ]


Comment #6 posted by FoM on August 06, 2002 at 16:22:26 PT
Dr. Russo
You are doing so much to show how beneficial Cannabis is and I just want to thank you one more time. You mentioned the essential oils. I believe the essential oils have medicinal benefits but I don't know really. You're the Doctor and a good one too! Thanks!
[ Post Comment ]


Comment #5 posted by druid on August 06, 2002 at 15:36:32 PT:
Dr. Russo
Great lecture! As a University student I sure wish I could take a class from you on the subject of cannabis.
Keep up the good work!!!!
[ Post Comment ]


Comment #4 posted by FoM on August 06, 2002 at 15:13:17 PT
p4me
I can't but you sure can!
[ Post Comment ]


Comment #3 posted by p4me on August 06, 2002 at 14:56:08 PT
FoM, does it cause a problem to add the end?
You know Steve Kubby reminds me of Reagan when he smiles. Anyway, I am awaiting this article on pot-tv tomorrow as the Kubbys are very aware of anything Californian and I expect a big Reagan "Well" tomorrow with words similar to "It is amazing" in reference to the LA Times covering the cannabis story. I guess there are some things they just cannot ignore.Here is the rest of the article:Regardless of the merits of medical marijuana, Californians are rightfully aggrieved by the federal government telling them it alone can approve certain drugs for the use of the terminally ill. While growing pot in San Francisco may seem less inspiring than dumping tea in Boston, it is a defiant act that speaks of the right of citizens to self-determination.If San Francisco draws this line in the constitutional sand, it will force conservatives on the Supreme Court to make a choice between their principles and their personal inclinations.In 2001, the court considered a case involving a federal crackdown on a cooperative in Oakland that distributed medical marijuana, consistent with state but not federal law. In a decision written by Justice Clarence Thomas, the Supreme Court rejected the cooperative's claim of medical necessity.However, in a virtual invitation for challenge, the court expressly reserved the question of whether the federal government was violating federalism guarantees in its enforcement of drug laws over state medical marijuana measures.The San Francisco program may finally answer that question. Frankly, I am more concerned with the Constitution than the cannabis in this controversy.Whatever societal risks are presented by terminally ill patients getting stoned, they pale in comparison with the political risks of yielding to federal authority in this area. Of course, it may be too much to hope that there is more than mere opportunism in the recent embrace of federalism.Yet perhaps this controversy will show that liberals have much to gain from federalism, particularly in states like California with a history of bold social programs and experimentation.In the end, California may not be right about medical marijuana, but it has a right to be wrong.1,2 
[ Post Comment ]


Comment #2 posted by FoM on August 06, 2002 at 14:23:59 PT
Thanks Dr. Russo
I love my satellite. Now I can watch videos. I will watch it a little later on when I'm sure I'm caught up on news to post. 
[ Post Comment ]


Comment #1 posted by Ethan Russo MD on August 06, 2002 at 14:11:30 PT:
A Tad Off-Topic
CannaTrade 2002 has posted a portion of a lecture I gave in Bern, Switzerland in March:http://www.cannatrade.ch/video/2002/index.htmlThe pictures are not as nice as in person.
[ Post Comment ]


Post Comment