Federalism Isn’t Dead, and it’s Progressives Who Are Defending it

By Ed Willing

Constitutionalists were far from confident that either result of the recent Presidential election would help restore the Founders’ intentions, but many were hoping that an Obama loss would at least slow the extinction. Especially in regard to Obamacare, Conservatives have put a lot of weight on winning federal elections to save what is left of our waning Republic. After a frustrating, suspect and humiliating loss, few noticed the victories for Federalism made across the country – by Progressives.

While Obamacare looks to be intact, and in light of the Supreme Court ruling in June, the battles of Tuesday seemed to be the primary battlefield for Conservative reform. But consider something else, for a moment. The states of Colorado and Washington each approved the recreational use of marijuana, as a product to be regulated and taxed. This is in direct opposition to Federal statute (the Controlled Substances Act) – and a 2005 Supreme Court decision – stating that marijuana has a high potential for abuse, no currently accepted medical use in treatment in the U.S., and lacks accepted safety for use under medical supervision. But, many states have said otherwise. And this is the balance the Founders presumed the Constitution would protect. But under countless laws, conservatives and progressives alike have mistakenly sought the Federal government to solve local concerns, even if they are unconstitutional actions. And, the Supreme Court has repeatedly supported this presumption, as recently as the Raich decision in 2005, under the bastardization of the Commerce Clause. Coincidentally, this ruling was in regard to marijuana regulation by the Federal government. Nonetheless, today, nine states have approved either conditional or recreational use of marijuana, with many others considering it. All but one are traditionally “blue states.” Whether you approve of the legalization or not, it is an interesting observation in contradiction. Continue reading