[SFBayCannabisCommunity] Obama Statement on "traditional prerogatives of the States"

Interesting. If this is intended to put the Drug Enforcement Agency on notice to stop raids against medical cannabis providers and users, Obama could hardly have been any more oblique about it. Notably missing in this memo is any reference to the Tenth Amendment, which states that "The 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." Even the Constitution itself is not identified as the governing legal authority in the matter, except via a vague reference to "the American constitutional order" which according to the memo "has been" (note the past tense!) a federalist system.

  The memo's first paragraph, which weakly elaborates on the theme of federalism, implies that the justification for federal officials to respect state law is that state law has sometimes gone *further* than federal law in "protecting health, safety, and the environment." Obama shows zero understanding that it might be better for the public to have *fewer* such government "protections" in order to retain more control over how to live their own lives, free of government micro-management and control. Nowhere in his memo does the phrase "states rights" actually appear (hence my change to the subject line); there is no recognition of the Constitutional fact that the states have areas of legal jurisdiction upon which the federal government cannot legally intrude. Obama merely refers to "longstanding practice" and "tradition," as if those things, rather than upholding the Constitution or safeguarding freedom by maintaining the separation of powers, are the main reason federal officials should not run roughshod over state law!

  Nevertheless, as pathetic as this memo is, it does at least appear to be a small step in the right direction. In the wake of the Bush administration, it feels a little like Kruschev admitting that Stalin went too far (while still accepting the basic premises of tyrannical state socialism under Soviet rule). Will it be enough to stop DEA raids? Your guess is as good as mine, but I wouldn't bet a lot of money on it.

Love & Liberty,
        ((( starchild )))