Serving the High Plains

In the end, federal law trumps state

“No man shall be deprived of the free enjoyment of his life, liberty, or property, unless declared to be forfeited by the judgment of his peers, or the law of the land.”

— The Magna Carta, circa 1215

“No man’s life, liberty, or property are safe while the Legislature is in session.”

— Mark Twain, 1866

The U.S. Supreme Court handed down its Brown v. Board of Education decision on May 17, 1954. It ruled that segregation of public schools was unconstitutional, as they are supported by all the taxpayers.

James Meredith applied for admission to the University of Mississippi in 1961 and, after a lengthy stream of court hearings and decisions, the U.S. District Court for the Southern District of Mississippi directed the officials of the university to register Meredith. The Democratic governor of Mississippi, Ross Barnett, stated, “No school will be integrated in Mississippi while I am your governor.”

About 500 U.S. marshals, under orders from Attorney General Robert Kennedy, accompanied Meredith during his arrival and registration. President John Kennedy also issued a proclamation directing all people engaged in obstruction to cease and desist and to disperse peacefully. The president further ordered federal troops to the campus and on Oct. 1, 1962, Meredith became the first black American to enroll at Ole Miss.

This episode determined once again that federal law takes precedent over state law, unless you happen to believe that states, counties and cities have the right to establish sanctuary cities and to legalize marijuana over the objection of the federal government.

Although the numbers are changing, 26 states, including New Mexico, currently have laws legalizing marijuana in some form. Three other states will soon join them after recently passing measures permitting use of medical marijuana.

It is highly likely that the issue of expanding New Mexico’s stance on marijuana from “medical marijuana use” to “recreational use” will arise in this session of the Legislature.

Marijuana remains illegal under federal law. What is the federal stance on marijuana?

According to estimates there are about 300 jurisdictions that have a sanctuary policy of some sort, including Santa Fe. Mayors of some municipalities, most notably Chicago, Los Angeles and New York City, have publicly declared that they will continue to ignore federal law.

The Trump administration has openly announced its intent to stop this practice and to bring all entities into compliance with federal law.

As citizens, we can’t choose which laws we will obey and which laws we will ignore. New Mexico’s legislators would be well advised to ascertain the Trump administration’s intentions on these two questions prior to any action on their part.

Rube Render is the Curry County Republican chairman. Contact him at:

[email protected]

 
 
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