Constitution Protects States from Manipulation

Constitution Protects States from Manipulation
Posted by CN Staff on December 04, 2006 at 13:33:10 PT
By Jim Cardoza 
Source: Merced Sun-Star
California -- Last month, a California Superior Court found that state medical marijuana laws can coexist with the federal law that prohibits all use. In explaining its finding, the court avoided any use of the terms "state sovereignty."The notion of state sovereignty was once an essential element of liberty. Nowadays, it is virtually undetectable, having been relentlessly assaulted for almost a century and a half. But it is a concept that, if resurrected, could help Americans reclaim their country.
Despite its modern day irrelevance, the idea that states are sovereign is fully enshrined in the Constitution. The Tenth Amendment, which Thomas Jefferson considered to be the very cornerstone, makes it clear that powers not expressly delegated to the federal government, or prohibited to the states, are reserved for the states.The Constitution's primary author, James Madison, further clarified, "the powers granted to the federal government are few and defined, whereas the powers than remain with the states are many and undefined."Jefferson believed sharing power among states protected individual liberty. He understood that states have far less capacity to tyrannize citizens than does a centralized government. He knew tyranny within a state can be remedied by a move to a more compatible environment within the union, but if the oppression is national, no such option exists.Sadly, the reality of state sovereignty did not last four score and seven years before Abraham Lincoln savaged the concept by using federal powers to deny states the right to secede -- a right which had been thoroughly acknowledged by Jefferson six decades earlier.Since that time, judicial activists have battered what was left of the notion with outlandishly expansive Constitutional interpretations, primarily regarding the Fourteenth Amendment and the commerce clause.Worse yet, "states rights" became hopelessly entangled with the promotion of racist practices in the South, and in the process, became the baby thrown out with the bath water.The result has been to transform individual laboratories of freedom, once known as sovereign states, into the lap dogs of federal masters, content to beg for funding treats.Whenever power is centralized, individuals are damaged most. Consider the plight of public education.Many of us believe the public school system served ourselves well, but are alarmed by blatant deterioration in recent years. While a variety of factors have contributed, the role of the Department of Education, established in 1980, cannot be ignored.Until that time, schools were primarily operated at the community level, where parental involvement was a vital element in crafting policies and practices. Now, little interest is paid to parental concerns. Instead, federal bureaucrats, pulling economic strings, run the show.Is there a way to put this out-of-control, power-hungry federal genie back in the bottle? If there is, it may reside in what historians call the Principles of 1798.That year, to help him conduct a quasi-war with France, President John Adams signed the Alien and Sedition Act. The act's primary effect was to criminalize political criticism.Jefferson and Madison, the opposition party leaders, believed this was unconstitutional. In protest, each crafted similar responses, known respectively as the Kentucky and Virginia Resolutions.In the Kentucky Resolutions, Jefferson argued that "the states had not been united on the principle of unlimited submission to their general government," but rather had preexisted the union and provided the very authority from which the federal government was established.He also maintained the integrity of the Tenth Amendment, which limits federal authority to specific and enumerated functions, leaving all others to the states.Of utmost significance, the Kentucky Resolutions held that when a dispute occurs between the state and federal governments, the U. S. Supreme Court cannot be the sole interpreter of the Constitution. As an arm of the federal government, the Court is an obvious party to the action.Jefferson and Madison maintained that as an equal partner to a compact, states held an equal right to interpret. The idea is that if you and I have a dispute, justice is not served when my brother is sole arbiter.Therefore, if, in the state's interpretation, a federal dictate assumes power not authorized by the Constitution, the state has both a right and an obligation to exercise nullification that is, to simply ignore the disputed law. The federal government would then need a clarifying Constitutional Amendment to compel the state to conform.Had this principle been operational, the California Medical Marijuana law would not be at issue. The substance is grown, prescribed and used within the state, so it clearly does not involve interstate commerce.That established, the federal government possesses no legitimate authority in such matters. That is why a Constitutional Amendment was necessary in order to prohibit alcohol.Though admittedly much has happened since the days of Jefferson, the Tenth Amendment and the Principles of 1798, they remain no less valid -- for they represent the heart of the agreement we made with our government.Jim Cardoza, a Merced resident, is a frequent contributor to the Perspective page. Complete Title: Constitution Protects States from Federal ManipulationSource: Merced Sun-Star (CA)Author: Jim Cardoza Published: December 2, 2006Copyright: 2006 Merced Sun-StarContact: editor mercedsun-star.comWebsite: Articles:Medical Marijuana Defense Medical Marijuana Law Applies Retroactively
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Comment #20 posted by museman on December 05, 2006 at 10:37:24 PT
"So the DEA stopped by for a visit one morning and rearranged our lives."They don't deserve such a benign explanation.The DEA, local federal agents, taking time from their busy schedule of infusing heroin and cocaine into the populace, acting on the prejudicial and bigoted heresay of a jealous neighbor, broke in on Jerry and Linda's household to arrest Jerry -who was convolescing from heart surgery, and eye surgery - Jerry who obviously wasn't even capable of lifting anything over a couple of pounds - for possession and manufacture of the herb. The one who was actually doing the grow escaped, and is still at large. Being an honorable man, Jerry accepted the rap, and now is doing 2 years federal time.Just FYI, Ebram is now a fellow combatant in the war. Call me if you want details.peace, and try to have a happy solstice.
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Comment #19 posted by FoM on December 05, 2006 at 10:23:16 PT
Linda, how are you holding up? You also are a victim of this war on marijuana.
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Comment #18 posted by runruffswife on December 05, 2006 at 10:16:33 PT
pictures for Jerry.
Toke, Yes, you can send a picture to Jerry. In whatever format. I've sent him pictures and newspaper clippings and he received them. Jerry has often commented on receiving a letter from someone at CNews and how much he appreciates your ongoing support and love. 
Jerry and I live in a Medical Marijuana Yes State but the Federal Government doesn't agree that that is okay. So the DEA stopped by for a visit one morning and rearranged our lives. Someone asked how Jerry got in prison. That's how.
If you want to write to Jerry you can at:
Jerry Sisson #66424-065, FMC Devens, P.O. Box 879, Devens MA 01434
Thank you all for all your Love. 
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Comment #17 posted by whig on December 05, 2006 at 08:49:12 PT
Peacemas is springing up all over.
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Comment #16 posted by Hope on December 05, 2006 at 08:29:33 PT
Something DdC wrote
and I can't find it now, but will search some more this evening. He said something to the effect that all the famous singers and stars we know that KNOW what the injustice is's time to get together and write a good song...perform it together, as they have over emergencies and tragedies of the past....and at least TRY to SET THE PEOPLE FREE!Dylan, Neil Young, Willie Nelson, Melissa Ethridge and so many more....everyone that knows what the INJUSTICE is about. The INJUSTICE of the war on cannabis and people who like or need it has gone on too long.Stand up for people like Jerry and all the other VICTIMS of the war on cannabis. NOW!Please!
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Comment #15 posted by Sinsemilla Jones on December 05, 2006 at 07:26:20 PT
It's time to set our people free!
May this world wake up and set Jerry and all our innocent brothers and sisters free!LOVE to Linda and Jerry!
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Comment #14 posted by Toker00 on December 05, 2006 at 07:07:53 PT
Merry Peacemas, Linda and Jerry.
Linda, if I print a picture out on typing paper, would they let Jerry have it in his letter? I have a Christmas Card for him. Well, it's for the World, but I wanted to send it to him personally.Glad to hear you are doing good! It's Peacemas time again, and we will be here huddled in front of FoM's fireplace, sharing Cheer and Truth about Cannabis. Folks, it's time for us Old Hippies to open up a can of Woodstock on the World's butt, again.MARI PEACEMAS AND A HIPPY NEW YEAR! END CANNABIS PROHIBITION NOW!
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Comment #13 posted by Hope on December 05, 2006 at 00:43:26 PT
Runruff's wife
I'm very grateful to hear from you and very grateful to hear that Jerry is doing well. He said he would...and he is. I'm so glad.It's a truly hideous injustice that you and he are suffering through. I've begun to think that drug warriors have sold their very souls for the money and attention they earn and love from the WoD.
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Comment #12 posted by FoM on December 04, 2006 at 20:55:01 PT
That's really serious and I'm glad he is doing great. rafael that was a pretty good article. Thank you.
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Comment #11 posted by rafael on December 04, 2006 at 20:29:37 PT
Great article
about the´s the link:
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Comment #10 posted by Truth on December 04, 2006 at 20:14:50 PT
My cousin Jerry received a kidney transplant last week. He's doing great. Here's to the Jerry's.Toke, toke toke
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Comment #9 posted by mayan on December 04, 2006 at 18:21:43 PT
Don't Tread On Us
Despite its modern day irrelevance, the idea that states are sovereign is fully enshrined in the Constitution.The Constitution is still the supreme law of this land and we will fight by all means to defend it.Runruffswife, I'm glad you are both doing alright. You are very strong people and I know you will pull through!THE WAY OUT IS THE WAY IN...New 9/11 Pentagon video released, shows explosion and no plane: The Quiet Release Of The Doubletree 9/11 Video? And Russian Apartment Bombings - False Flag Parallels - Why We Fight: Acceleration Close to Free Fall:
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Comment #8 posted by FoM on December 04, 2006 at 17:42:14 PT
charmed quark
Just in case Linda doesn't get back here this is a link that Jerry asked me to post on CNews front page in a letter from prison. Museman made the page and it is on his web site. I called it Jerry's Story.
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Comment #7 posted by charmed quark on December 04, 2006 at 16:53:17 PT
Linda - I haven't been here long enough to know the story about Jerry. Could you write a brief summary of how he ended up in prison?Peace and love,Charmed Quark ( Peter)
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Comment #6 posted by whig on December 04, 2006 at 16:16:37 PT
Thank you for the update, how cruel that you and we know that Jerry did nothing to deserve a cage, and yet can do nothing but await his eventual release.I will smoke a bowl to Jerry at 4:20. May he be free and may he be healthy and happy all the rest of his days.
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Comment #5 posted by FoM on December 04, 2006 at 15:13:35 PT
It's really good to see your comment. I hope that Jerry will be able to get home to you soon. When I get angry about the prison population type news I always think of you and Jerry. It sounds like the both of you are doing the best you can under these terrible circumstances.
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Comment #4 posted by runruffswife on December 04, 2006 at 15:11:01 PT
We love you too!
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Comment #3 posted by runruffswife on December 04, 2006 at 15:08:54 PT:
Hi Dear Friends,
Blessings from RunRuff and myself. Jerry is doing well. I believe as well as you can in a Federal prison. For cannabis he shares air space with men who have killed other people. It's a strange world we live in. But he's doing great. He's optimizing his experience by choosing to live every moment focused on the good. It's amazing how he does that. He is eating as well as he can with what is provided by the BOP (bureau of prisons) and can fortunately purchase olive oil at the commissary, so he uses that on his food for his heart health. Jerry has a regular yoga class that is well attended and he is respected for it. Respect seems hard to come by Inside. He's made friends and hasn't gotten into any fights, although he said twice the other guy wanted to start something. Jerry is skilled at diffusing intensity and negativity. But really, where he's at is not a violent place. (Thank you). 
I am doing well. I miss my husband and the bigger part of me just isn't going to feel okay again until he is home. But we're getting through this government imposed separation growing closer together rather than apart. Sometimes it's scary to be without him. A lot has happened since his surrender; there's been a lot to deal with. But all in all I think I'm doing pretty well.
Thank you for continuing to speak the truth about a very important plant and its many benefits.
I don't read here regularly; if anyone wants to email they are welcome to.
Blessings to all of our friends. Thank you for your LOVE and Support.
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Comment #2 posted by BGreen on December 04, 2006 at 14:52:14 PT
We love you and Runruff!
Check in with us when you can.We'll be here.The Reverend Bud Green
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Comment #1 posted by runruffswife on December 04, 2006 at 14:43:22 PT:
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