Subheader

FDA SAYS "MAY BE HABIT-FORMING"

Tuesday, September 21, 2010

Is Prop. C Irrelevant?



It seems the experts have generally agreed that the passage of Prop C in the recent primary election was a largely symbolic vote that will have little real legal ramification. As the Post-Dispatch article has it,
Richard Reuben, a law professor at the University of Missouri School of Law, said that if the federal government sues on the issue, it would likely win. Several other Missouri legal and political scholars agreed.

Based merely on recent precedent, it seems the safe bet that Prop C will not be able to become a basis of legitimate resistance to Obamacare. The notable exception here would be California's de facto nullification of federal medical marijuana laws, a conflict between state and federal law that the Obama administration has decided to back down on.

Does Missouri have the political will to mount a resistance similar to California's? Missouri's Tenth Amendment Resolutions, which affirmed our sovereign privilege to resist any unconstitutional federal laws, enjoyed broad support in the legislature, though as I understand it the bills are somewhat in limbo now. Certainly, the overwhelming passage of Prop. C indicates that the popular support is there if the politicians have the gumption.

No comments:

Post a Comment