The Birthers, Birchers and Secessionists of our Tea Party legislature and governor like to promote “Tenther” ideas like the pre-civil war doctrine of nullification, state compacts (confederacies), and even secession from the United States if they do not get their perceived states’ rights. This is especially true for Tea-Publican politicians who demagogue on the immigration issue.
But when the voters of Arizona enact a citizens initiative authorizing medical marijuana, well, these Tenther states’ righters tell the voters of Arizona that they will not tolerate such anarchy from the voters because it violates federal drug laws. E.J. Montini nails the rank hypocrisy in Brewer wrong on states’ rights:
There is no more clear evidence of the bogus nature of Gov. Jan Brewer’s claims that she is an advocate for “states’ rights” than the contrast between her approach with immigration and with medical marijuana.
With SB1070 she is claiming the state has as much right to enforce immigration laws as the federal government and she is taking the case to the U.S. Supreme Court.
With medical marijuana – which has been approved by Arizona voters more than once – she has prevented the state from issuing licenses using the silly claim that federal prosecutors could arrest the state workers who process the licenses.
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Still, Brewer and Attorney General Tom Horne – each claiming to be states’ rights champions – have taken such a namby pamby approach to protecting the will of Arizona voters on the medical marijuana issue that a federal judge hearing a lawsuit on the case actually had to ask them to “pick a side.”
Their choice wasn’t between states and the federal government. It was between politics and their own people.
They picked politics.
If I were in the DOJ, I would add a paragraph to the Department’s appellate brief to the U.S. Supreme Court on SB 1070 that Arizona’s argument that uniform enforcement of a federal drug law regime over marijuana supercedes state law negates any “states’ rights” claim by Arizona over immigration for which the federal government has always asserted uniform enforcement of a federal immigration law regime, backed by the supremacy clause of the U.S. Constitution. Schizophrenic Arizona cannot have it both ways to suit its whims and political expediency.No tags for this post.