Constitution and federalism example

Question 1

The story

Answer 1

• In 2012, Washington and Colorado legalised marijuana. However, a federal law, the controlled substances act, says its illegal to possess and sell it
• This led to state law enforcement allowing the possession and sale of marijuana, but federal law enforcement could arrest and imprison individuals for the same acts.

Question 2

The story continued

Answer 2

• The DOJ then issued a statement to the states in an attempt to clarify how the 93 US attorneys who enforce federal law will treat these state laws.
• The statement appeared to suggest that, provided that states ensure they carefully regulate and monitor the newly legal market for marijuana, the federal government will allow the states to continue

Question 3

What does the supremacy clause say?

Answer 3

• The supremacy clause in the constitution says that federal laws are the highest laws in the land and any state laws that are in conflict with federal laws are theoretically invalid
• However, the laws legalising marijuana are technically not incompatible with federal law, as they do not require individuals to possess or use marijuana, therefore breaking federal law

Question 4

When this can be used

Answer 4

• This can be used to say that federalism is confusing and it always dosent work in principle as it probably should do.
• However, it can also be argued that this case undermines federalism and challenges it. The federal government have made it clear it will prosecute when it feels the need to, citizens in Washington and Colorado will perhaps inevitably question whether their referendums have made much of a difference

Question 5

Alabama abortion

Answer 5

• In 2019, Alabama passed strict anti abortion legislation into law.
• This arguably infringes on the Roe v Wade ruling where abortions are a constitutional right