philibusters
Active Member
I have no argument with the potential we'll consider it similar to the Prohibition Era. It's certainly possible.
But, it's pretty clear the states don't have the authority to legalize it. They can take the authority, via 3/4 of them agreeing to a change to the constitution, but as of today they do not have the authority to pick and choose what federal laws they like or don't. Since the 17th amendment was passed, they gave up their republican role in the federal government (contrary to Article IV, Section 4 of the Constitution). So, the discussion of whether it is legal or not is moot.
Meanwhile, the job of the AG is represent the United States in terms of law and law enforcement. I would rather he do his job than not.
I would argue the 10th amendment gives states the right to prohibit or not to prohibit drugs within its own borders. Find something in the Constitution that gives the federal government the right to regulate drugs within a state. The only thing that is close is the interstate commerce clause, but my instinct is that they could only prohibit people from transporting drugs across state lines.
Remember the 10th amendment says all powers NOT given to the federal gov't are reserved to the states. There is nothing in the Constitution giving the feds the right to regulate drugs.