The issue is not so much about legalizing marijuana, or medical benefits it may/may not have (keep in mind Cali and Washington legalized recreational use, not medical), but the question was whether a state has the power to make its own marijuana laws, despite what the federal government says. Like it or not, marijuana currently is ILLEGAL Controlled Substance Act of Although the U.S. Supreme Court has established Congresss constitutional authority to enact the existing federal prohibition on marijuana, principles of federalism prevent the federal government from mandating that the states actively support or participate in enforcing the federal law. While state resources may be helpful in combating the illegal use of marijuana, Congresss ability to compel the states to enact similar criminal prohibitions, to repeal medical marijuana exemptions, or to direct state police officers to enforce the federal law remains limited by the Tenth Amendment. Although state and federal marijuana laws may be logically inconsistent, a decision not to criminalizeor even to expressly decriminalizeconduct for purposes of the law within one sphere does nothing to alter the legality of that same conduct in the other sphere. Federalism Up in Smoke?: Marijuana and Public Policy Federal SupremacyState Sovereignty Power and authority diffused between federal, state, and local levels of government Supremacy Clause Necessary and Proper Clause Interstate Commerce Clause 1970 Controlled Substance Act via the Elastic Clause Raich v. Gonzalez Supreme Court Decision 10 th Amendment Exclusive power to take measures to care for the public health Full Faith and Credit State referendum Compassionate Use Act Derived from the Supremacy Clause, allows the national government to override state or local actions in certain areas. Federal vs. State power Background Bank of the US operated in Maryland Maryland did not want BoUS to operate in state, competition unwanted, unfair Maryland taxed the bank to put it out of business McCulloch, BoUS employee, refused to pay the state tax Is a Bank of the US Constitutional? YES. The national govt has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers. Can a state tax the federal govt? -NO. The federal govt is supreme. Since the BoUS is constitutional, only the feds may tax it. - John Marshall reaffirmed Supremacy Clause and Elastic Clause -National (Federal) Gov gets STRONGER Art. I, Sec. 8, Cl. 3 The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes. Congress has used the elastic clause to stretch this power What is commerce? Buying and selling of goods and services. Congress given the power to regulate commerce between foreign countries and US as well as state to state they control business law. 1824 aka The Steamboat Case Ogden received a state licensed monopoly to run a ferry across the Hudson River Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license. Ogden sued saying he had the valid state license, even though Gibbons had US license Result Gibbons wins Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues Fed Govt gets STRONGER All trade today is primarily controlled by national law Who cares? Why is it important? Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things Fed govt power increased 1995 Gun Free School Zone law banned possession of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property Declared law unconstitutional nothing to do with commerce carrying a weapon through a school zone is too much of a stretch for commerce LIMITED National government power Commerce clause quiz!!! Medicinal Marijuana Controlled Substance Act (1970) US gov regulates the manufacture, importation, possession, and distribution of certain drugs Medicinal marijuana was legalized in California, but illegal to US government. Raich argued commerce clause should not take effect because 1) there was no business transactions and 2) there were no state border issues. Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana You will look at 7 Supreme court cases. Write a BRIEF background summary What is the issue/question? What was the Supreme Courts decision? Who got power: Federal or State govt? Full Faith and Credit Article IV, Section I of Constitution requires each state to recognize the public acts, records, and judicial proceedings of all other states. Examples? Extradition - Article IV, Section II of Constitution requires a state to surrender a person charged with a crime to the state in which the crime is alleged to have been committed. Privileges and Immunities Article IV, Section II of Constitution requires states to give citizens of each state the privileges of citizens of other states. The so-called "Defense of Marriage Act," or DOMA, was passed in 1996 by Congress and signed into law by President Bill Clinton. The part that was struck down by the U.S. Supreme Court is called "Section Three," which prevented the federal government from recognizing any marriages between gay or lesbian couples for the purpose of federal laws or programs, even if those couples are considered legally married by their home state. The other significant part of DOMA makes it so that individual states do not legally have to acknowledge the relationships of gay and lesbian couples who were married in another state. Only the section that dealt with federal recognition was ruled unconstitutional. Originally: Dual Federalism Each level has its own specified powers Analogous to a Layer Cake Now: Cooperative Federalism Shared powers, not separate More like a Marble Cake Devolution is the return of power to the state gov Idea is fueled by distrust of the federal gov and the desire to save money by reducing the size of the bloated federal government Fiscal means $ Q How do you get the states to do things they normally wouldnt do? A Money Money paid from one level of government to another to be spent for a specific purpose Categorical Grants - target specific purposes and strings attached. (States receive funds if state raised age to 21 and lowered BAC to.08) Block Grants given for broad, general purposes and allow more discretion on how the money is spent (ex. Welfare reform) A requirement that a state undertake an activity or provide a service Most apply to Civil Rights and the Environment Often times the states or local govts have to pay the bill of the mandate set by Congress 1986 Asbestos Emergency Response Act, Handicapped Childrens Protection Act 1988 Drug-free Workplace Acts, Ocean Dumping Ban Act 1990 Clean Air Act EX Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple) EX Public schools have to use Internet filtering or schools lose e-rate subsidies States, express to the federal government what you desire regarding the educational needs of your state (Teacher training, Student testing, increased resources). Federal government, express to the federal government what you desire regarding changes in the states education policy (Teacher training, Student testing, Increased resources). States, express how you would like to receive your money and why. Federal government, respond to the states and express how you would like to provide the states money and why. Negotiate. How will the money be provided, how much, for what purposes, etc.? Teacher training Student testing Increased resources No Child Left Behind Act (Reauthorization of the Elementary and Secondary School Act) NCLB includes block grants to states for innovative education programs and sweeping requirements for states to demonstrate by that all students meet their state's definition of academically "proficient." Requires states to test all students in reading and math every year from grades 3-8. Testing must also occur once in high school for reading, math, and science. States must report data for tests results so that students are identified by racial subgroup. Requires states to make demonstrable annual progress in raising the percentage of students proficient in reading and math, and in narrowing the test-score gap between advantaged and disadvantaged students. Called Adequate Yearly Progress (AYP). All teachers must be Highly Qualified by possessing a degree in their subject matter. States determine what is meant by Highly Qualified Increases federal funding in several areas, including K-3 reading programs and before- and after-school programs, and provides states with greater flexibility to use federal funds as they see fit. States must provide parents report cards so they can see which schools in their district are succeeding and why. With this information, No Child Left Behind gives parents, community leaders, teachers, principals, and elected leaders the information they need to improve schools. Allows for students to transfer their child to another public school if the state says that your child's school is "in need of improvement." No Child Left Behind Funding: Total U.S. Expenditures for Elementary and Secondary Education Federal Spending Under the Elementary and Secondary Education Act Federal Grants to States for Special Education State and Local Spending on Public Education - Delegated Powers (enumerated powers) powers given to Fed govt by Constitution - Reserved Powers state power alone - Concurrent Powers shared - Prohibited Powers denied from both - Ex. Neither govt can tax exports Aka Necessary and Proper Clause Art. I, Sec. 8, Cl "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers Living under 2 governments is great Built on compromise, promotes unity Govt duties can be split up Brings govt closer to people Allows for state govt to address issues in unique regions of the country Allows states to experiment with policy before enacting it at the federal level Ex. Vermonts free health care for children Living under 2 governments is bad States can impede progress of Nation States are unequal States have different policy Easier for states to be dominated by interest groups