Dear My Former Home State

[mmerriam]

dragonmyst posted this link to a news article today:

If approved by voters, state legislation passed Wednesday would amend Oklahoma’s constitution. Under the amendment, no law or rule could force any citizen, employer or health care provider, to participate in any federal health care system. The amendment would also prevent Oklahomans from being financially penalized if they choose not to purchase insurance mandated by the federal health care plan, and doctors would still be allowed to accept direct payment for services without fear of financial penalty.

I would like to take this opportunity to remind the people of my former home state (just in case you were all sleeping in that civics class) that State law cannot supersede Federal law.

Article VI Clause 2 of the Constitution (aka The Supremacy Clause):
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Law of any State to the Contrary notwithstanding.

Comments

[midnightfae.livejournal.com]

As a Californian, I will tell you that it is still a crime, federally, to use marijuana medically in California. However, because it is legal by state law, we don't use state money or resources to prosecute people who are abiding our state laws.

It doesn't stop the feds from cracking down, and anyone with a license knows that, if it came to it, they can still be arrested and charged at the federal level. Thankfully for those that need it, Obama's administration has stopped raids on medical marijuana clubs in the state, but it was a problem before then.

[dragonmyst.livejournal.com]

Gotcha, thanks for the information. :)