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LEGISLATIVE
CHALLENGES

(continued from page 14)

There are reasons why we have a federal government to help stan- not the federal government has the authority to determine which
dardize and manage certain aspects of our civil society. States have "drug" is legal and how to legalize drugs under the agency of the
separate rights, as enumerated in Article IV, The States, and the 10th Federal Drug Administration. The FDA has a long history in ad-
5
amendment (powers reserved to the States) of the US Constitution. vocating for the safety of public health that began in the 1930s .
The original Constitution, before the 17th amendment (Popular To abandon the role of the FDA in favor of a majority-rule ballot
Election of Senators), Senators represented the states and were ap- measure is neither wise nor prudent when there may be an un-
pointed by state legislators to represent the State's interest. There- known risk to the public. 4, 5
fore, there are many areas of regulation that is reserved for the states Furthermore, we are witnessing increasing nullification of federal
and only the states. However, we cannot ignore the role of the Fed- laws by states and cities throughout the country. Our country was
eral Government either. founded on the principals of law and order, and the nullification of
As much as I believe in individual freedom and liberty as contem- federal law is a disturbing trend. What is the message to the average
plated in the US Constitution, I do believe there are times when it is citizen when a city or state decides unilaterally not to obey a federal
necessary to centralize policymaking. Article 1, Section 8.3, of the law? We have a process in place, and if one does not like the current
Constitution, gives broad enumerated power to the federal govern- state of affairs, then there is a proper way to make a change, and
ment to regulate commerce (i.e., the Commerce Clause). Many may that is through the legislative process and if there is a consensus,
remember that the Commerce Clause came under intense scrutiny then change will take place; however, not through mob-rule! Mob-
under the passage of the Patient Protection and Affordable Care Act rule is the opposite of a civil society.
(aka, the ACA or Obamacare). Under the ACA, Congress attempted
to pass a law that compelled commerce. It is one thing to manage Resources
commerce, it is, however, another thing to compel commerce. The 1 https://www.dea.gov/drug-scheduling
Supreme Court ruled that the federal government cannot compel cit- 2 https://www.nap.edu/read/24625/chapter/1
izens to purchase a product as they attempted to do in the ACA. 3 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3505292/
Though there have been a number of challenges to the com- 4 https://www.fda.gov/Drugs/ResourcesForYou/Consumers/
merce clause in the overreach of the federal government in regu- ucm143534.htm
lating such, there has not been a challenge per se as to whether or 5 https://www.fda.gov/AboutFDA/History/default.htm

24 San Antonio Medicine • January 2019