Federalism and the Exercise of National Power

Federalism and the Exercise of National Power

Does the federal government have the right to ban marijuana under the Commerce Clause of the U.S. Constitution?

Federal government has the power to control all the state local activities including the purely local that can have substantial effect on the interstate commerce. In the case of growing marijuana plant at home for personal consumption being for medical use, the federal government banning that marijuana sounds not right at first glance. The marijuana plants are grown within a state and the grower cultivates the plant for personal use and the situation sounds like no interstate commercial activities are involved or affected.

However, at closer look, the home grown marijuana may be personally grown on the protection of the state law under the banner of medical use but many activities can happen behind the scene. There are many ways for that home-grown marijuana to reach both intrastate and interstate market. The state may be unable to put total control of what future activities can happen out of that home-grown marijuana.

With all due precaution of the welfare of the public, the citizens, and the nation that can potentially get affected with interstate commercial activities particularly the concealed ones that may be carried out masking under the protection of state law on medical marijuana, I think the federal government has the right to ban the marijuana under the Commerce Clause of US Constitution.

b.Is this an overreach of the federal system, or is this effort in line with the duties and obligations of our central government described in the Constitution? Be sure to explain your reasoning, discuss why you do or do not think this issue is an overreach of the federal government, and utilize the Commerce Clause to augment you claims.

The federal government stepping in exercising its rights to ban home-grown marijuana sounds to have a little touch of an overreach of the federal system but the action generally is more of doing the effort in line with the duties and obligations of the central government.

When there is state commerce, the intrastate commercial activities have many ways to have links and associations that can affect and impact interstate commerce. The state commerce may not just stop within its borders and boundaries. The argument raised on the presumptive basis may not suffice the requirements of the activity having substantially affected the interstate commerce (The Federal commerce Power, n.d.). However on the closer look, even simple growing of marijuana at home for personal use surely has substantial effect on the interstate commerce. Supposing the persons in need of medical marijuana were not growing the plant, how will the direly needed commodity be procured? Surely, ways will be done to get the marijuana by any way. Illegal dealers and black markets that will definitely meet the definition of interstate commerce will get into the scene. To make the situation more clear, supposing everyone in the state that legalize medical marijuana will grow the plant at home, that will have a huge impact on the marijuana black market interstate commerce.

Furthermore, if growing marijuana at home will be legalized under the protection of medical marijuana, there is no guarantee that growers will cultivate the plant purely for honest purpose. Worst if illegal dealers will get involved and enjoy the cultivation masked by having the plants for medical use. That then would surely turn the marijuana home-growing activities affect and interfere with interstate commerce.

The federal government sticks with the national medical system that only acknowledges the scientifically-proven researches and any localized proof would not be considered as safe to the welfare of the nation. In that matter, the federal system acts mainly to do carry out its duty and obligation described in the Constitution. The State agencies carry out their designated responsibilities in implementing state laws and policies and the policies and enforceable laws as mandated by the federal laws under the US Constitution. No state can thwart the power bestowed by the Constitution to the Congress and Federal government and it is right for the federal government to act for the safety and protection of welfare of the people of the nation.

Reference

(n.d.). The Federal commerce power. Retrieved from