In Federalist No. 12, Alexander Hamilton wrote:
In France, there is an army of patrols (as they are called) constantly employed to secure their fiscal regulations against the inroads of the dealers in contraband trade... The arbitrary and vexatious powers with which the patrols are necessarily armed, would be intolerable in a free country.
Today, "contraband trade" would be illicit substances including cannabis. To create laws that call for the confiscation of property, mandatory minimum sentences, the power to put to death for the use and possession of cannabis is "intolerable in a free country."
Today, this "army of patrols" that possesses "arbitrary and vexatious powers" is the Drug Enforcement Administration (DEA). Arresting and harassing medical cannabis users for seeking relief from ailments they can only achieve by using medical cannabis is a violation of Constitutional rights. The use of medical cannabis is called "the pursuit of happiness." If one is not healthy, it's hard to pursue happiness.
Destroying a farmer's hemp crop is likewise an abuse of arbitrary and vexatious powers, and is a violation of a farmer's constitutional rights for the pursuit of happiness.
In 1791, Hamilton wrote that hemp
is an article of importance enough to warrant the employment of extraordinary means in its favor.http://www.marijuananews.com/marijuanane ws/cowan/international_narcotic_control_ b.htm
Cannabis users and growers are the true patriots who realize that cannabis "is an article of importance enough to warrant the employment of extraordinary means in its favor," and in their favor.
States are perfectly within their constitutional rights to allow the medical use of cannabis as well as allowing it to be grown for the manufacture of products.
Hamilton wrote:
The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty...and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.Federalist No. 9
State governments are as much a part of the federal government and exercise a major role in the system of checks and balances.
When the states abused constitutional rights of its citizens (such as imposing a poll tax), the federal government was well within its right of stopping that abuse.
When the federal government abuses the constitutional rights of its citizens for the pursuit of happiness (as it is doing with the war on drugs), state governments are well within their constitutional rights to override the unconstitutional acts of the federal government.
State governments are not inferior or subordinate to the federal government. State government are a "constituent part of the national sovereignty, and they have "exclusive...portions of sovereign power."
The right of state governments to regulate cannabis is exclusive to the states and not to the federal government and is a proper use of that "exclusive...sovereign power."
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