Postlmayr 1 Alex Postlmayr American Politics and Government Michael Bennion 9 December 2013 Controversial Cannabis The United

States has become one of the most powerful and influential nations in the world. The elite American government is based on a federal system. There are multiple levels of government that decide on specific topics, for the greater good of the people, that allow this system to hold so strong. This unique relation between the people and its government creates an environment that allows the nation to flourish as a whole. The decisions regarding which level gets what powers are derived from a document created over two centuries ago. The constitution was steadily and affirmatively created to prevent any harmful subject from taking over by strictly distinguishing powers amongst the levels. Recent modern issues have become a controversy because the document itself could clearly not cover all topics. A fervent debate regarding the legalization and who ought to control the substance has been prolonged for quite some time; however, it is evidently the national government's responsibility to regulate marijuana. The constitution of the United States of America is the ultimate deciding factor for such decisions because it is the supreme law of the land. It cannot be challenged and upholds all decisions in its favor because no one is above the document. The writing is mainly composed of direct powers given to the national government amongst the three branches. The supreme law of the land states that congress has the power to "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;". This enumerated power plays a critical role in this issue because cannabis is a plant. Plants have a homeostatic balance that needs to be maintained. This is achieved with the most ease in environments of and relative to its natural habitat. Due to the vastness of the United States of America the plant cannot be grown in each state and needs to be distributed to other states via commerce. As seen with tobacco, the plant is grown primarily in southern states and then transported to all other regions. Some believers claim that each state can regulate its own production and distribution of the plant; however, this has proven to

Postlmayr 2 be false. With the recent legalization of the plant's recreational use in Colorado provides an example that disproves this hope claiming that "Marijuana originating in Colorado already has been found in 23 other states,". This shows that the crop must be regulated by the national government. Other domains that the national government has jurisdiction over today also further extend the argument in favor of the national government. Federal Programs such as the Food and Drugs Administration (FDA) and the Drug Enforcement Administration (DEA) were specifically created to rule the domain which cannabis lies under. The supremacy clause in the constitution directly impacts these programs stating that the national government will have the final say regarding these decisions. Thus showing the national authority through these programs. Marijuana must be regulated by the national government. Enumerated powers back this position up directly in the constitution. The jurisdiction also comes from the implied powers from the document. Modern programs and the supremacy clause disclaim all arguments not in its favor. This should be a closed topic for the federal system. The states simply do not have this power.