In the United States, there has been a long history of arguing over states’ rights and federal rights due to the vagueness in the language of the Constitution. This has led to different interpretations of laws by those in government positions and continues to be an issue especially when state and federal governments have conflicting laws. Currently, almost every state has legalized the medical use of marijuana to some degree, and 8 states and the District of Columbia have legalized its recreational use. The federal government, however, still states that marijuana is a Schedule 1 Drug. Its status means that the DEA still believes it has no medical use and has high potential for abuse, holding the same status as heroin and LSD. This …show more content…
The federal law should change so that the law represents what the people want, but until then the state laws should not contradict the federal law that should have the most power. The federal government can take issue from a different angle of the Constitution as well. The federal government has a history of relating almost all commerce to the Commerce Clause in the first article of the Constitution. The sale of marijuana can fall under this same clause because, even though it is not transported over state lines or sold from one state to another, a large number of people cross state lines to buy marijuana or to cross back over once they have bought it. The federal government can use this to regulate the sale of marijuana within states. The federal government is able to regulate what states laws are by withholding grant money. There are a few types of grants the federal government gives to states to fund different sectors of the state government. Although the federal government cannot cut all funding to the states, they can require certain laws to be upheld in exchange for the money. For example, when the drinking age was nationally changed from 18 to 21, no states had to comply. The federal government incentivized the states to raise the minimum age by withholding money for highway repair (Department of Health and Human Services). Since the money was given in a categorical grant, it was
The national government has much power but not as much as has the state government on state residents (Marchant, 2003). The federal government has more control when it comes to national issues and the state when affairs of states. One of the key ways that the federal government uses to influence policy at the state and local level is the distribution of funds (Marchant, 2003). Congress authorizes millions of dollars in grants to states and establishes rules for how they should be invested well decide the level of control they have over these states federal funds.
States have always been sensitive about the amount of power they have; the federal government has always had to step carefully around the demands of the states. This has been true since the beginning of the United States. But both believe that they should have the most power when it comes to certain things. Individual states have different values and as such tend to implement different laws about certain topics; such states want their state laws to reflect these individual values instead of a blanket law from the federal government. States should have less power compared to the federal government when implementing laws dealing with topics such as the legalization of marijuana, gay marriage, and abortion.
Instead of the federal law, states took it into their own hand to make their own. It may seem comedic but some states made their own sort of “wacky” laws. Some of the laws are countless and it seems as if states took advantage of the Tenth amendment to just create their own regulations. In Alabama it is illegal to drive while blindfolded, and in Florida it is Illegal to sell your children, and in Arkansa it is prohibited to pronounce “Arkansas’’ incorrectly. Most of
The problem that we have is that sometimes-federal law and state laws are in conflict and are in direct opposition
They should worry more about our population as a whole instead of all the different laws the different states have. The federal should work more on the relationship with other country and protecting the people in the US. I think if the US would do this the states would have a better relationship and our relationship with other countries could be better. Next people wouldn't have as much bad things to say about and protest about the federal government. If we did this I believe that our country as a whole would be
States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which
Marijuana is amongst one of the most disputable subjects in political issues. It is the most exploited drug in the United States and can even be around the globe. Marijuana is the main source of substance reliance other than alcohol in the United States. Numerous groups in recent years have come forward and claim that marijuana use has been beneficial with numerous medical conditions. In fact, it has helped numerous people with diseases, for example, Glaucoma, Cancer, and any other physical or mental pain. Medicinal cannabis should be legalized in Florida, but should be regulated accordingly. The clear majority trust that marijuana use would be more beneficial if it was not criminalized but most still believe that the government should keep it as a controlled substance. In 2008, 4 million out of the 7 million individuals, ages 12 and older, characterized as having a reliance or abusing marijuana. This implies that two out of every three Americans experiencing any substance abuse have developed marijuana reliance. The legalization of marijuana in the United States such an issue for so many individuals today. Some believe that marijuana should not be legalized in Florida because of physical health, mental health, effects of driving under the influence of marijuana, and increase in use. Others believe that is it marijuana should be legal because of its harmless if used in moderation, limits of personal freedoms, and potential FDA regulations.
State law and regulations tend to be more precise and detailed. They take what federal has set in place and expand on it.
The federal government can tell the states what to do in some cases, but can not take away the powers given to the states. When you travel to another state, the state must respect your state's laws such as driving age laws. For example if you are from South Dakota and have a license at 14, and are driving through North Carolina where you can not have a permit at 14, They can not restrict you from driving as long as you are a resident of South Dakota.. However if you move to North Carolina you must stop driving and wait to get a North Carolina state licence because you have to respect other states laws as well. The state and federal government also have shared powers, laws that would affect both the country and state, such as tax.
As previous mentioned the tenth amendment protects state power to govern themselves so long as that governance does not defy the Constitution. In the article, “Morality Policy and Federalism: Innovation, Diffusion and Limits” by Robyn Hollander and Haig Patapan, they discuss if federalism supports and allows for innovation and diffusion. In the journal, they discuss how the case of Gonzales v. Raich, which was a case where two women with severe illness were growing marijuana and challenged the DEA agents who had destroyed their plants in 2005 during a search, and the Supreme Court ruled in favor of the DEA agents based on the fact these women may, while it not their original intention, sell the marijuana they have grown, which could go to other
Technically, the National Minimum Drinking Age Act didn’t force the states to conform to a federal uniform minimum drinking age. Instead of overstepping the boundaries of states right by simply making a federal law that outlaws anyone under 21
Drugs categorized as Schedule I must meet three criteria; the drug has a high potential for abuse, the drug has no therapeutic value, and the drub is not safe for medicinal use. The federal government defends this classification, citing concerns about the validity of research showing the medicinal benefits of cannabis and the impact on society of legalizing its’ usage.” –Therapeutic Cannabis, Mathre-
Federal government can rule over the laws of state governments by introducing a new policy, which would be implemented nationwide. So, it would make sense for the state government to intervene in the policies made by the local government. If the laws passed by the federal government can be implemented nationwide, regardless of the state’s views on those laws, the laws passed by the state should also be implemented state-wise, regardless of the views of local government. However, I do not believe that local control needs to be influenced by the state government. The local policies are the ones that closely represent what the people want in the local community. For example, the residents of Denton, Texas voted to ban fracking in their local community through a people-led referendum. The people were troubled with toxic fumes, bright lights, and noise due to the fracking sites right in their backyards. The ban on fracking provides what the people of Denton wanted. Local control is also necessary because people in different counties in the same state might have different opinions on the same issue. For example, people of Loving County may encourage fracking as the county is not heavily populated, fracking sites could be constructed far from residential areas, and fracking is a boost in the economy (not much in the
Federal governments having power of, declaring a war, Create and maintain armed forces, establish foreign policy, regulate interstate and foreign trade, make copyright and patent laws, establish postal offices and coin money. I believe that if each state made all their own rules there would be more trouble then there is now. Like I just feel as if the federal government should make rules across the board for everyones state so that everyone is
Cannabis, formally known as marijuana is a drug obtained from the tops, stems and leaves of the hemp plant cannabis. The drug is one of the most commonly used drugs in the world. Only substances like caffeine, nicotine and alcohol are used more (“Marijuana” 1). In the U. S. where some use it to feel “high” or get an escape from reality. The drug is referred to in many ways; weed, grass, pot, and or reefer are some common names used to describe the drug (“Marijuana” 1). Like most drugs, marijuana has a very long history. People have been using the plant around the world for thousands of years. The oldest record of the marijuana plant dates back to 2727 B. C. in China where the plant was used as a medical herb for treating conditions like rheumatism, gout, malaria and even absent-mindedness (“Cannabis, Coca, & Poopy: Nature’s Addictive Plants” 1). Slowly, the plant started spreading around the world. By 1545, cannabis was starting to appear throughout the western worlds. Being introduced to South America by the Spanish to be used as fiber. The crop also had many other common uses around the world. In North America, cannabis was often used to make paper, ropes, clothing and other materials (“The Origins of Cannabis” 1).