For John, BLUF: Less laws and more clarity. Nothing to see here; just move along.
This is basic civics stuff, but it seems to have eluded a lot of legislators who decided to fire off tweets instead of make real change.
From USA Today, by Law Professor Glenn Harlan Reynolds (The InstaPundit, 8 January 2018.
Here is the lede plus three:
Article I, Section 1 of the United States Constitution provides that: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”Yes, this is what happens when public schools don't teach civics. When the students grow up and get elected to Congress those civics deprived students don't know their responsibilities as legislators.
Legislative powers are the power to make and repeal laws. Those powers are not vested in the executive branch, which includes the president and, more relevant to this discussion, Attorney General Jeff Sessions, who recently announced that he will no longer follow an Obama-era policy of not enforcing federal laws against marijuana. Some states have repealed their own laws against marijuana, but marijuana remains illegal under federal law, and will stay that way unless Congress legislates otherwise.
This is basic civics stuff, but it seems to have eluded a lot of people. People such as Sen. Cory Gardner, R-Colo., who exploded in response to Sessions’ announcement, saying that marijuana laws should be left to the states, and who vowed to “take all steps necessary” to secure a reversal of Sessions’ announcement, including holding up nominees to the Department of Justice.
Many other members of Congress — from Sen. Bernie Sanders, I-Vt., to Rep. Ted Lieu, D-Calif., were also critical. But if you want to leave marijuana decisions up to the states, there’s an easy way to do that: Repeal the federal marijuana law. Legislate, which is supposed to be the job of ... legislators. Like Gardner, Sanders or Lieu.
And, by the way, the same goes for the treatment of illegal immigrants. Rather than having state-level Democrats acting like the second coming of Vice President John C Calhoun, Federal Legislators should take up the issue of immigration, should legislate and should then hold hearings on what the Executive Branch is doing to enforce the laws just passed by the Congress.
At this point it seems rather hit or miss. How Federal Laws against marijuana are enforced depends on the Federal Attorney in the area, in our case, US Attorney for Massachusetts Andrew E. Lelling. Hat tip to the InstaPundit.
UPDATE: And this just in from The Boston Clobe, US attorney throws future of legal pot in Mass. into doubt
Regards — Cliff