States’ Rights, Federalism, and Marijuana

When review the themes of Federal and State health programs we can see a history of strong strain of liberal, anti-governmental ideology, especially when we look at the message of repealing the Affordable Care Act as a platform and now agenda for the Trump administration.  I agree with the perspective that U.S. citizens accept intervention at the State rather than the Federal level. I appreciate and value Federalism which allows for diverse delivery systems to accommodate diverse cultures.  Shared governance serves as a ‘‘political counterweight to charges of a federal takeover’’ (Heider & Weimer, 2015).  Additionally, voters are also better able to express their preferences and priorities.  Justice Louis Brandeis opinion in New State Ice Co. v. Liebmann (285 U.S. 262 (1932)), states are ‘‘laboratories of democracy’’ and favor allowing states to experiment with various policies to fit local circumstances.  I agree in this especially in the debate for Medical Marijuana and Recreational Marijuana in order for citizens to be provided access to affordable medicine and a less toxic recreational substance than alcohol and tobacco.

Much of health care requires rules for health care providers and insurers and regulations have long been under the purview of states.  I agree that the federal government often simply lacks the capacity to implement programs across fifty diverse states and therefore has to rely on the state and local governments as well as private partners.  I believe a financial model should be created if not already existing within states which could measure federal expenses for oversight and regulation of programs versus local expenses for monitoring and evaluation.

The Trump administration can delegate to the states threshold guidelines, with financial incentives to local authorities, to regulate and move ahead quickly to adopt more generous marijuana benefits. Citizens with state leadership whose moral and financial compass are aligned will provide citizens access to needed cannabis resources.  States who do not want to participate in Federal legal marijuana can opt out.  States who choose to participate should have the opportunity for local banking and State owned banks for the safety of money handling, favorable interest rates, and small business.  The Federal government can incentivize States for favorable marijuana banking laws which can in turn can stimulate new markets, investments, loans, and an increase State and Federal taxes.

At the heart of it all Federalism represents the foundation of the United States of America.  Classic Federalists like Chief Justice John Marshall favored the Executive Branch over State law.  Which, makes sense in an era when we didn’t even know if the Republic would survive its beginning years.  Yet, Justice Marshall was also a Freemason.  At the heart of Freemasonry we are meant to become the most beautiful and best self we can possibly be.  In this era I believe Justice Marshall would favor State Marijuana Law because of his love and light and to maintain the modern Federal Republic.  President John Adams a Federalist was filled with a divine love for others representing English soldiers after the Revolution.  When it boils down to it the old school Federalists were a bunch of loving men who wanted to make sure the family (our states) stayed together as one nation.  Having a State leave the Union is like having an income earner leave the family.  That’s just fucking horrible to experience for some families.

Importantly, how do we love one another as citizens?  When it boils down to it we need resources to share with the people we love.  Power for the government is the ability to leverage assets, money, and an intellectual network to promote the most prosperous citizenry we can.  Alexander Hamilton one of our Founding Fathers and a Federalist believed in supporting fiscal policies that would unite bankers and businessmen to commit to a fiscally sound nationalistic government.  I believe with my whole heart Alexander Hamilton, John Adams, and John Marshall would fully support the Federal legalization of marijuana for the prosperity of all Americans.






Haeder, S. F., & Weimer, D. L. (2015). You can’t make me do it, but I could be persuaded: a federalism perspective on the Affordable Care Act. Journal of health politics, policy and law, 40(2), 281-323

Gardner, J. A. (1995). The States-as-Laboratories Metaphor in State Constitutional Law. Val. UL Rev., 30, 475.

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