Christie, Pot, and the Rule of Law

 

shutterstock_133014050As Ricochet member ShellGamer wrote late last year, Colorado and Washington’s (and now Alaska’s) legalization of marijuana has both created and exposed a constitutional mess. In brief, neighboring states are suing the Obama Administration for its policy of turning a blind eye to federal drug laws. Meanwhile, Congress shrugs its shoulders and acts uninterested in either forcing the president to enforce the law, or in repealing or amending it. If elected president Governor Chris Christie says he’ll have none of it:

“If you’re getting high in Colorado today, enjoy it,” Christie, a Republican campaigning for the 2016 presidential nomination, said Tuesday during a town-hall meeting at the Salt Hill Pub in Newport, New Hampshire. “As of January 2017, I will enforce the federal laws.” […]  “That’s lawlessness,” he said. “If you want to change the marijuana laws, go ahead and change the national marijuana laws.”

Christie certainly has an argument, especially on that last point: when confronted with genuinely bad laws, the proper response should always be to repeal or reform. Keeping laws you don’t plan to enforce on the books encourages lawbreaking in general, and invites caprice on the part of enforcement. If one thing unites the entire spectrum of the right, from anarcho-capitalists to NeoCons, it’s the belief that the rule of law matters.

This isn’t the first time Christie has promised to do this. As he told Hugh Hewitt back in April:

Hewitt: If you’re the president of the United States, are you going to enforce the federal drug laws in those states?

Christie: Absolutely. I will crack down and not permit it.

Hewitt: Alright, next, the–

Christie: [interrupting] Marijuana is a gateway drug. We have enormous addiction problem in this country and we need to send very clear leadership from the White House on down to Federal law enforcement: Marijuana is an illegal drug under federal law and the states should not be allowed to profit from it.

In his eagerness to enforce federal law, Christie seems to be ignoring a related question: was Congress acting within its constitutional authority when it passed the Controlled Substances Act? It’s certainly difficult to find an explicit granting of such power in Article 1, Section 8 and impossible to do so if you want the document to restrict Congress in any meaningful way. Moreover, it at least seems notable that the prohibitionists sought and won a constitutional amendment in order to ban alcohol, an amendment that has (blessedly) since been overturned. Shouldn’t someone concerned with the strict enforcement of the rule of law at least consider that matter?

In the meantime, however Christie is right: the federal government should enforce the laws on the books. And — while it doesn’t sound like this would fly past a President Christie — perhaps the best way to get rid of the law is the spectacle of having federales arrest peaceable citizens whose actions don’t concern the federal government and are in accord with their state’s laws.

Image Credit: L.E.MORMILE / Shutterstock.com

Published in Domestic Policy, Law
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  1. Palaeologus Inactive
    Palaeologus
    @Palaeologus

    Spin:

    Arizona Patriot: People and businesses in several states are knowingly and openly flaunting federal law.

    It really is bizarre to me that you and others take this view. I’ve said it before, if there were a federal ban on 30 round magazines, but a state legalized them, and they were being sold in gun stores in that state, none of you would be advocating for federal raids on those same gun stores. And you’d applaud a President who openly ignored these violations of federal law as a good Federalist.

    I’m not sure that this is an apples-to-apples comparison.

    How does it go again?

    A well buzzed populace, being necessary to the chill of a mellow state, the right of the people to buy and sell pot shall not be infringed. Oh, and them buzzkillers gotta go.

    Regardless, you’re stretching like Reed Richards when you imply that those you disagree with are hypocritical simply because you imagine they would be inconsistent in your hypothetical scenario.

    • #31
  2. Nick Stuart Inactive
    Nick Stuart
    @NickStuart

    Umbra Fractus:

    Nick Stuart: Christie looks like a man who enjoys his vices, he just doesn’t want you to enjoy yours.

    Irrelevant. Christie’s vices are not illegal nor was he involved in passing the law in question. I’m in favor of legalization, personally, but Christie is right here; flagrant flouting of the law should not be tolerated.

    It’s relevant in the sense that it is very tiresome when pols and conservative wankerati (looking at you Bill Bennett) get all hard line and tough guy about pot legalization. My limited research and experiential sample of one leads me to believe pot is a lot less harmful than alcohol, and would in aggregate be less harmful if legal. People who want to send other people to prison for pot should set an example of abstemious living themselves.

    If the people think the law is unconstitutional then they should challenge it through the proper channels.

    If the Executive thinks the law is unconstitutional then yes, he has a duty not to enforce it, but he also has a responsibility to explain himself clearly and persuasively which is not what is going on right now regarding marijuana laws. The administration has made no case for or against the constitutionality of the Controlled Substances Act; they just said, “Meh. I don’t wanna,” which is unacceptable.

    I agree. Regrettably in this wicked old world laws whose time has passed don’t get repealed, they just fall into desuetude. Meh, I don’t wanna is what happened with Blue Laws in some jurisdictions.

    • #32
  3. Palaeologus Inactive
    Palaeologus
    @Palaeologus

    Nick Stuart:

    As long as it’s Jesus y Maria, LeShawn and Yolanda getting sent to Stateville and Dwight, doing hard time and making interesting new friends, the voters  don’t seem to give a [CoC]

    But when it’s Ashley and Jordan, the soccer moms and dads cash in the college fund for legal representation to get them a suspended sentence and community service. And they don’t give a [CoC redacted verb] about changing the laws either…

    This is basically true, but there are reasons for it that have zip to do with race.

    Obviously, Ashley’s mom won’t go on a crusade to change laws after her kid is busted. She’s embarrassed. If Ashley gets cancer and Mom attributes it to gluten or canola oil or whatever, then you’ll get your crusade.

    Jesus is likely to live in a poorer neighborhood than Ashley. In poorer hoods, the neighbors are often happy to get Jesus on a marijuana beef. Why? Because even if he’s a reasonably decent kid, odds are that half of his pals aren’t.

    Consequently, they don’t have to worry about his friends breaking into their garage. Maybe Ashley’s idiot friends would do the same thing, but it happens so rarely in her hood that no one worries about it.

    Finally, it is unlikely that Ashley will view dope as a plausible path to success. Insofar as Jesus might, he’ll probably be shut out if it becomes legal.

    • #33
  4. Ricochet Inactive
    Ricochet
    @JohnPaul

    I would prefer that the Feds repealed unconstitutional laws or unpopular and ineffective laws. Repeal of federal laws criminalizing the possession and sale of marijuana and products containing THC is one way to resolve the potential preemption issue, but a federal case limiting the commerce clause would be welcome. I support the states pushing this issue. The criminalization of marijuana has been a policy failure and is unwarranted nanny statism.

    • #34
  5. Ricochet Inactive
    Ricochet
    @Martel

    I don’t actually advocate this, but..

    We have about two zillion laws on the federal books we don’t need.  Even those laws that aren’t enforced can be quite harmful, for they can be the means by which a capricious executive can arrest whosoever he wants at whim.

    Yet most of us don’t care until the jackboots come for us ourselves.

    So, what if a president decided that he was going to enforce every federal law to the fullest extent of his power, everything from marijuana laws to tearing the tags off mattresses.

    When people complain, reply that he’s enforcing the law but that the moment these idiocies are no longer laws he’ll stop enforcing them.  Moreover, if somebody’s been convicted of a law that congress overturns, he’ll pardon them.

    Would people actually start paying attention to federal laws and regulations when everybody they know is getting arrested for violating one?  Could this be a backdoor way to limit the size of government?

    I’m sure there are a few hundred reasons this wouldn’t work, but it’s just a thought.

    • #35
  6. Ricochet Inactive
    Ricochet
    @Martel

    On the gateway drug thing, the true gateway drug is alcohol (as addressed by Franco above) on two counts.

    Not only is it the first way most people get “high,” because of the drinking age it also trains millions of teenagers across America that it’s more or less normal to break the law.  Thus, it’s a gateway for marijuana and every other drug on the books.

    To the extend that marijuana itself is a gateway drug, it’s because it’s bought from the same guy who sells all the other stuff.

    • #36
  7. Ricochet Inactive
    Ricochet
    @Martel

    Also, I know somebody will bring up “how can you not want the feds to enforce marijuana laws but you’re all about cracking down on sanctuary cities.”

    The difference is that immigration is Constitutionally reserved for the feds (I’ve no problem with locals supporting the enforcement of federal law on this count, just not defying it), whereas I see no mention in the Constitution of federal authority to regulate what people are allowed to do to themselves besides that one amendment that’s been repealed.

    I’m done for a while.

    • #37
  8. Spin Inactive
    Spin
    @Spin

    Palaeologus: I’m not sure that this is an apples-to-apples comparison.

    It may not be apples to apples constitutionally, but it is the exact same issue nonetheless.

    Let’s express the issue a bit more generically:

    Activity X is illegal according to both state law and federal law.

    State Y changes it’s law, making Activity X legal within their state.

    President Z does not see a compelling case to enforce the federal law banning Activity X.

    If Activity X is the sale of, or the consumption of, marijuana, and you happen to be opposed to those things, then I guess it’s ok to want the federal government to raid non-violent, (state) law abiding business who sell, and snatch all their things.

    If Activity X happens to be the sale of, or use of, a 30 round magazine, and you happen to be opposed to those things, then I guess it’s ok to want the federal government to raid non-violent, (state) law abiding business who sell, and snatch all their things.

    Of course, you can be in favor government raids in the one case, but not the other.  You might feel that one activity is very harmful to society while the other is not.  But, if that is your view, then don’t wring your hands when the government raids the businesses engaged in the activity you do not find harmful.

    The point I’m getting at is this:  the sale and consumption of marijuana is no more harmful than the sale and use of 30 round magazines.  Both have the potential for bad things to happen, but bad things don’t necessarily happen, in fact I would submit that in either activity, bad things mostly don’t happen.  The federal government has better things to do.

    • #38
  9. Umbra Fractus Inactive
    Umbra Fractus
    @UmbraFractus

    Jamie Lockett:

    Umbra Fractus: Irrelevant. Christie’s vices are not illegal nor was he involved in passing the law in question. I’m in favor of legalization, personally, but Christie is right here; flagrant flouting of the law should not be tolerated.

    So then you thoroughly reject the entire premise of Charles Murray’s new book?

    Not thoroughly. I sympathize with his premises, but yes, his conclusions and prescriptions do make me uncomfortable.

    • #39
  10. user_331141 Member
    user_331141
    @JamieLockett

    Umbra Fractus: Not thoroughly. I sympathize with his premises, but yes, his conclusions and prescriptions do make me uncomfortable.

    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

    • #40
  11. Tom Meyer Member
    Tom Meyer
    @tommeyer

    Umbra Fractus: If the Executive thinks the law is unconstitutional then yes, he has a duty not to enforce it, but he also has a responsibility to explain himself clearly and persuasively which is not what is going on right now regarding marijuana laws. The administration has made no case for or against the constitutionality of the Controlled Substances Act; they just said,  “Meh. I don’t wanna,” which is unacceptable.

    I agree in the case of new laws, but existing ones are a different matter. If you apply a strict reading of enumerated powers, Social Security is almost certainly unconstitutional as well if the document is intended to mean anything.

    For existing laws, I think it’s probably best to pressure to Congress to unwind them. Easier said than done, I realize, but…

    • #41
  12. Tuck Inactive
    Tuck
    @Tuck

    Tom Meyer, Ed.: …If you apply a strict reading of enumerated powers, Social Security is almost certainly unconstitutional as well if the document is intended to mean anything….

    According to Prof. Epstein in the latest Libertarian podcast, the entire New Deal is unconstitutional.  So yes, that would include SS… :)

    • #42
  13. Tom Meyer, Ed. Member
    Tom Meyer, Ed.
    @tommeyer

    Tuck: According to Prof. Epstein in the latest Libertarian podcast, the entire New Deal is unconstitutional.  So yes, that would include SS… :)

    I was just listening to that and had the same thought. :)

    • #43
  14. Tuck Inactive
    Tuck
    @Tuck

    Tom Meyer, Ed.:

    I was just listening to that and had the same thought. :)

    The other thought I had while listening to Epstein’s intellectual life history was, how on Earth does he manage on Twitter?  Are they all multi-part tweets?  Like, 30 or 40-part tweets?

    I may have to follow him just to answer that question… :)

    • #44
  15. ShellGamer Member
    ShellGamer
    @ShellGamer

    I didn’t know about this thread until I read about it in the Daily Shot, so I’m late to the party.

    It seems to me that people are excluding a lot of middles to get to their preferred result. But logically:

    1. The President must enforce any constituional law. This is what he swears to do.
    2. If the President concludes a law is unconstitutional, he must not enforce it anywhere.
    3. So constitutional arguments cannot justify selective enforcement in some States but not others.
    4. If enforcing a law is a pointless exercise, then the law should be repealed. Work arounds just keep bad laws on our already overflowing law books.
    5. If the President starts raiding businesses, the responsibility lies with our Republican Party controlled Congress, which won’t amend the Controlled Substances Act.

    Christie is out to lunch on his views about marijauna, but at least he understands his job and is willing to perform it. I’m getting to the point where I’ll vote for anyone who meets that criterion.

    • #45
  16. Tom Meyer, Ed. Member
    Tom Meyer, Ed.
    @tommeyer

    ShellGamer: I didn’t know about this thread until I read about it in the Daily Shot, so I’m late to the party.

    Darn it, I should have Katie-Rule’d you.

    (The Katie Rule in an official rule that you should always alert a member — through PM or email — when referencing them in a post; I dropped the ball on this one).

    • #46
  17. Funeral Guy Inactive
    Funeral Guy
    @FuneralGuy

    Like Mitt Romney before him Chris Christie cannot speak the language of conservatism or of State’s rights. Conservatives should be clawing back power from the Feds and turning it back to the states as intended by the Founders. The fact that Christie was once a Federal Prosecuter doesn’t impress me—it scares me. The fact that he let those three citizens twist in the wind over New Jersey’s draconian and picayune gun laws for as long as he did, lost this conservatives vote forever.

    • #47
  18. Concretevol Thatcher
    Concretevol
    @Concretevol

    Funeral Guy:Like Mitt Romney before him Chris Christie cannot speak the language of conservatism or of State’s rights.Conservatives should be clawing back power from the Feds and turning it back to the states as intended by the Founders.The fact that Christie was once a Federal Prosecuter doesn’t impress me—it scares me.The fact that he let those three citizens twist in the wind over New Jersey’s draconian and picayune gun laws for as long as he did, lost this conservatives vote forever.

    I could not agree more with every part of this comment.  Well played sir.  Returning power to the states is the ONLY hope at this point.  (and a slim one at that)

    • #48
  19. ShellGamer Member
    ShellGamer
    @ShellGamer

    Not a problem, as I wouldn’t have been logged on to see the PM.

    • #49
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