An Open Plea to the President and All Other Sworn Federal, State, and Local Public Officials Concerning Marijuana Policies and Laws in the United States: What Part of “I swear to take Care that Laws be faithfully executed” or “I swear to support and defend the Constitution” Do You Not Understand?
Public officials in the U.S. take oaths to support and defend the nation’s Constitution and laws. Indeed, the President of the United States takes an oath and has a Constitutional obligation in Art. II, Sec. 3 to “take Care that the Laws be faithfully executed”. The President swears or affirms “to preserve, protect and defend the Constitution of the United States”. Those serving in elective or non-elective roles at all levels in government swear to support and defend the Constitution. All may want to keep in mind the following questions when it comes to U.S. laws and Constitutional obligations:
Can a State constitutionally pass and implement laws that are in effect in violation of Federal law and that are in contravention of International Treaties to which the U.S. is a signatory?
Can the Federal government constitutionally allow a State to take actions that are in violation of Federal law and in contravention of International Treaties to which the U.S. is a signatory?
Should sworn Federal officials countenance or even, in effect, promote civil disobedience and disregard for duly enacted Federal laws?
Does the failure of a public official to act when a felony is committed constitute “imprisonment of a felony”, itself a crime according to 18 USC 4 and punishable by fines, imprisonment or both?
When a State legislature votes to enact a law that is in violation of Federal laws, is the Governor of such a state obligated to veto such a law? The Governor of New Hampshire has vowed to use her veto power if the New Hampshire State Legislature passes legislation that would allow recreational use of marijuana.
What is the significance of the January 15, 2014 ruling of the 9th U.S. Circuit Court of Appeals to “uphold three lower court decisions” and “(follow) previous rulings by federal appeals courts and the U.S. Supreme Court” and thereby affirm the Federal government’s policy that “California medical marijuana dispensaries have no protection under state law from drug prosecutions” (LegalNewsJournal.com, 2014 Jan 16)?
What are the implications for the rule of law and the primacy of the U.S. Constitution if the laws of the U.S. and the International Treaties to which the U.S. is a signatory are abandoned, ignored, disobeyed, or otherwise unenforced?