By Robbin Rons – ECT Law Correspondent
Medical Marijuana proponents? One of them posted an online ECT comment last week – that insisted the entire Medical Marijuana legal question – is essentially a States Rights issue – AND THAT the U.S. Supreme Court most often rules on the side of States Rights in their landmark decisions.
ECT’s pretty gal and law correspondent Robbin Rons would like to take you on an AMUSING review of landmark Supreme Court decisions – that helped make American History and States Rights what it is today!
– Circa January 1st 1861 – The U.S. Supreme Court – handed President Abraham Lincoln a stinging defeat today noting that the American Flag shall now have 11 fewer Stars – as the Southern States Seceded the Union. The Court citing the States Rights doctrine – ruled that the ‘Right to Keep and Bear Arms’ – is no different from the States Right to ‘Keep and own Slaves’. CSA President Jefferson Davis was so pleased with this ruling – he started printing his own money. The 11 States adopt “I wish I was in Dixie” as their new National Anthem. Union General William Tecumseh Sherman organizes the first ever ‘March to Atlanta’ to commemorate this Epic Supreme Court ruling.
– Circa 1920-1933- Prohibition – the Supreme Court again cited States Rights in their landmark “I’ll drink to that” ruling stating the Right to consume Alcohol is left up to the States and that limiting access to Alcohol will not be enforced by the Feds. Years later Prohibition was Repealed – after too many raids on a D.C. Speakeasy – frequented by members of the High Court and their friends in Congress.
– May 17th 1954 – Brown vs. Board of Education – The Supreme Court ruled in favor (9-0) of States Rights again – noting that the Southern States policy of “separate but equal” Public Schools – is a right Guaranteed by the U.S. Constitution and that State sponsored “Segregation” is also a States Right. Soon after, Montgomery, Alabama based activist – Rosa Parks endorsed this favorable States Rights decision by happily accepting her assigned seat – in the back of the Bus.
– 1973 Roe v Wade – The U.S. Supreme Court ruled again in favor of States Rights on the issue of “a woman’s right to choose” – and left it up to the States to decide which States would “allow a woman to choose”. Women choosing to choose – were advised by the High Court that Planned Parenthood clinics may be a bit difficult to find in Texas and Oklahoma.
– July 2010 – Federal Justice Department sues Arizona over Arizona’s recently passed Immigration Law. In a move by U.S. Attorney General Eric Holder (an Obama appointee) the Feds sued the sovereign State of Arizona – because the Feds didn’t like how Arizona exercised their State’s Rights to pass laws on Immigration.
Conclusion: Just like Swiss Cheese the argument about the legality of so called Medical Marijuana being a matter of States Rights – is full of holes…when it comes to Federal Law vs. State Law – a Federal Law the ECT pointed out last week – has been violated by your Eagle County Board of County Commissioners (Click Here) – and nothing Eagle County Attorney Bryan Treu can say changes that fact.
Bottom Line? Your County Commissioners broke Federal Drug Law.