If prop 19 passes in California would the federal government sue the state?
We all know federal law trumps state law but how does US govt go about trumping a state law?
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Federal government goes as far as it needs to, to end states rights.
They probably would not sue but it would still be a violation of Federal law and the DEA could arrest growers and users.
1) The DEA would start busting people again. Go to federal court and get convictions then the arrested people would appeal their convictions because Ca law says it is legal. And the Supreme court would decide
2) The US AG (currently Eric Holder) would file an injunction to deny implementation of the prop. and the supreme court would decide.
I don’t think Obama would allow it, since he has vowed to end raids of dispensaries in states that have legalized marijuana, leaving it up to states to choose how to handle marijuana laws. I think it could happen if the next president is anti-marijuana, which is why it’s important to write your state representatives and elect leaders and presidents who are intelligent and rational about marijuana laws.
Obama signed an Executive order to allow states to decide on how to deal with marijuana. It’s not law and can be overturned easily, but it’s a start.
I think the federal government would stay out of it for the first year or two. They’d see what kind of revenue was generated, how crime levels were affected and make a decision based on that information. If it causes major problems and doesn’t create as much in taxes as hoped for, then they’d sue California. If crime rates stay consistent (or drop) and California makes some money (or saves some) then I think we’d see the federal government start moving towards amending the laws on marijuana.
There would be no basis for a lawsuit.
The federal government would use whatever resources it had to try to enforce its own laws in California, by perhaps deploying more DEA agents or whatever, but there would be no basis for a lawsuit.
There is nothing in the constitution that requires states to pass legislation that duplicates federal law.
The relation between STATE and federal is referred to as federalism. STATES have been subjecting Citizens to federalism for decades. There is much confusion, and even the legal battles over Health Care are exposing this SCAM. Thus, when the federal govt calls BS on the STATES, and the STATES calls BS on the feds then everybody shuts up quickly.
There the Americans get lost in the shuffle and we have to pay for all the bickering and wasted time!
If STATE attorney generals are claiming sovereignty and Constitutional protections, then why don’t attorney generals provide those protection for you and I? Trust me they don’t! It is all a SCAM, and usually their bid for governor or some other political office.
There are no State govenments anymore. It is all one large federated STATE (no borders), thus feds control STATES through earmarks and bail-outs, hello!