On November 3, California voters will go to the polls and vote on many issues, but one is taking the spotlight away from all of the candidates vying for statewide positions and propositions set to enhance the wellbeing of California citizens. Propoisiton 19 asks the voters of California whether or not they want to legalize completely the use of marijuana in the state of California. As it looks right now, the voters of California seem as if they will pass this proposition, effectively changing the cultural climate of the United States forever. There's one hitch though. According to The Atlantic (http://www.theatlantic.com/politics/archive/2010/09/californias-marijuana-initiative-a-problem-for-obama/63681/), President Obama may very well have to sue the state, just as they are suing Arizona over their new immigration enforcement laws.
There is a major difference, however, in suing Arizona over their arcane immigration laws and suing California over an issue the voters vote on. First, the Justice Department is suing Arizona because their laws essentially legalize racial discrimination, violating First Amendment rights, and because they restrict civil liberties of any American, especially those of color. Now, if one were to truly look at the issue of marijuana legalization, one must say that restricting someone from being able to possess and smoke marijuana violates our civil liberties as well. Regardless of one's stance on drugs or the fact that marijuana is a plant that grows naturally in our ecosystem, one must admit that restricting anyone to smoke marijuana is in fact against the First Amendment as well. There are basic freedoms owed to us in this nation, and the government does not exist to tell us what we can or cannot do to our bodies. Some might argue this argument could lead to the legalization of harder drugs, etc. But did the end of prohibition on alcohol lead to the legalization of any other drug? Certainly it has not. And the difference between marijuana and drugs such as cocaine and methamphetamines is that marijuana is not physically addictive. Furthermore, it can be used in its natural state. Even culturally, it is more accepted, but this should not be taken into consideration when arguing a law.
Now, another reason the Justice Department should stay away from the legalization of marijuana if California voters do pass this is that the voters are the ones who truly should be deciding the laws. Congress and the Justice Department are not above any other citizen, and this seems to be forgotten on a daily basis on Capitol Hill. Rich Congressmen seem to think they know what is best for the common American, even though many of them never live the life of a common citizen of the United States. They are there to serve not our best interests, but what their constituency believes in, and if that means the legalization of marijuana, and the legalization does not violate any constitutional code, then the Justice Department should not stick their nose in Prop 19's business.
The one flaw in this argument is perhaps Prop 8 of the 2008 elections which delegalized gay marriage in California. Obviously gay marriage is a contestable issue, and the majority of California voters voted against the legalization of gay marriage. Therefore, we should accept that this is what the voters want and move on, right? Wrong. Just as is the case with the Arizona immigration laws, the delegalization of gay marriage in California is inherently restricting all civil liberties of gay couples, because of their biological sexual orientation. This is clearly discriminatory and violates the civil rights of gay couples everywhere. So, you've got these three issues, and although voters may vote one way, Congress is in no place to tell them that they know better than the average American. However, the issues of gay marriage and immigration are ones that deal with civil rights and equality laws, whereas the legalization of marijuana does not contest any equal or civil issues among Americans. So, the Justice Department needs to avoid any conflict with the voters of California and let them decide once and for all whether or not they want to legalize the use of marijuana recreationally in their state.
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