Wow. It only took nine months but Barack Obama actually moved to limit federal power and increase State’s rights. When Texas finally passes our MM laws (I’m guessing around 2109 after the other 49 states legalize), then our fellow Texans MM patients will not have to live in fear of federal, or state prosecution.
The most bizarre response to this common sense move is from Bryan Fischer at GOP.com.. Mr. Fischer argues that it’s unconstitutional for the President NOT to order prosecution MM patients who comply with State law?
Frankly, it is unacceptable for a president to pick and choose which laws he wants to enforce, and which ones he doesn’t want to enforce. He has only a handful of Constitutional responsibilities, and among them is the responsibility to “take care that the Laws be faithfully executed.” His piece is so spun that he cites the commerce clause as the legitimate basis for federal prohibition. When did the right embrace the commerce clause as legitimate source of endless federal power?
Unfortunately, he doesn’t seem to care about his Constitutional responsibilities..
Really? This only makes sense if you know nothing about a) prosecutions (which are completely discretionary and b) the Constitution. Bryan, it’s completely acceptable for a President, or DA to decide what laws to enforce. Part of executive authority is deciding how to use limited resources.
The Constituion doesn’t require that all laws before enforced at all times. In fact, some scholars even think the Constitution actually limits the power of the federal government. It’s been a while, but I remember reading something about that in the 9th or 10th amendments.