Thursday, March 19, 2009

Obama and the law and marijuana

So Obama and Holder are making a low priority of busting marijuana stores in California. So low that they won't be busting them. That's fine. I think the federal law is unconstitutional anyway and I'm Ok with legal pot.

BUT, say a DEA agent is cruising around and observes the illegal behavior? Or even, what if the DEA knows about where and when the illegal activity is taking place (which is the case)? Is he/they supposed to ignore it? That hardly seems ethical or legal. It seems to me that Obama should work to repeal marijuana's status as a schedule 1 drug, if he wants to be legal and ethical. The Supreme Court has already upheld the federal law, so the judicial approach is out--at least for now.

Same thing with immigration laws: how can Obama legally ignore lawbreaking aliens? I understand that this is a semantic issue of what law enforcement issues are a priority, but, as a practical matter, these laws are being ignored based on Obama's political preferences. Again, this seems unethical. I believe, of course, that there is no legal remedy to make the executive branch enforce the law--the judicial branch allows a lot of leeway here. And, I know Republicans do the same thing but I can't think of anything specific that George W Bush did along these lines.

So here's a hypothetical: what if Bush said: I am going to make a low priority of prosecuting Border Patrol agents for misconduct (even of the felonious variety) because well, it's a tough job and sometimes mistakes are made in the heat of the moment. I think we can all agree that this would be a terrible idea. So why is it OK for Obama to effectively abrogate federal law?

The outcome of Obama's "policies" will be increased marijuana use, the practical legalization of marijuana, increased illegal immigration and the costs thereof. Whether or not one opposes these ends or not, our democracy has spoken against them. The executive should be required to seek Congress' input if they want to implement such policies as, dare I say, the Bush administration did when dealing with detainees and Gitmo. Why didn't Bush just ignore the Supreme Court? Prior to 2006 (and democrat pickup of the HOuse) he surely could have...but he didn't. He worked with the court's rulings and Congress in good faith. Bush had more respect for the rule of law and democracy than Obama has.

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