A two-part tragedy was announced June 7th when the Supreme Court ruled that the federal government can prosecute someone for violating federal drug laws even though they're complying with state laws permitting medical use of marijuana.
The first tragedy is the Supreme Court's simple arrogance in assuming that they know better than attending physicians which drugs should be available to treat very serious illnesses. The mainstream media and conservative talk show hosts like Rush Limbaugh, Sean Hannity, Michael Savage and others hailed the ruling as a blow to pot-heads and decriminalization efforts. But they completely missed the critical point. This ruling has little to do with medical marijuana.
However, the ruling has everything to do with States rights, the loss of individual freedom and the erosion of our constitution, which could ultimately lead to the complete destruction of our way of life. Think that sounds alarming? It should.
This latest example of judicial arrogance is noteworthy because it provides such a clear example of why we need constructionist judges who will interpret the Constitution, not re-invent it. Our Constitution created a limited government. Though drugs existed when it was written, the Constitution provides no federal authority whatsoever to regulate drugs let alone impose such federal laws on the several states.
This fact is addressed in the Bill of Rights in the 9th and 10th Amendments:
9th: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. 10th: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
This ruling opens the door to unlimited federal powers. The controls placed on the government by the Constitution and Bill of Rights are what protected each of us from the activist judges, career politicians and bureaucrats. Without the protections afforded by those documents we could easily slip into some form of dictatorship.
It's not such a farfetched notion. Legislating from the bench, the Supreme Court has badly damaged our limited government. They are amateurs, though, compared to the harm brought by Congress in their rush to do good deeds and provide favors to all possible special interest groups.
We need at least two major changes to fix these problems. I already mentioned appointing constructionist judges who will not re-invent the Constitution. Second, we must return to electing citizen-statesmen to Congress. Professional politicians and lawyers are at the root of most of our problems. More specifically, we should elect actual libertarians to Congress. Over the past 50 years the republicans and democrats have created the mess we're in now. The Libertarians are the party of the Founding Fathers and the only party that guarantees to respect the Constitution and enforce the Bill of Rights for all citizens, all the time.
And finally, do enjoy the 'conservative' talk shows for their entertainment value, but carefully consider their accuracy before you automatically adopt their views.