Pubdate: Sun, 24 Apr 2011
Source: Missoulian (MT)
Copyright: 2011 John Marshall
Contact:  http://www.missoulian.com/
Details: http://www.mapinc.org/media/720
Author: John Marshall

MEDICAL MARIJUANA: REWRITING LAW IS UNCONSTITUTIONAL

Dear Reps. Tom Berry, Diane Sands and Cary Smith, and Sens. Jeff 
Essmann, Cliff Larsen and Chas Vincent:

All of you are now involved in the repeal and rewriting of state law, 
the Medical Marijuana Act, passed into law by a majority of the 
voters in this state. The justification for this action we, the 
citizens, are told is the unacceptable number of citizens abusing the 
current law. Yet the very action you are now undertaking is also an 
abuse of the law.

Our state Constitution is clear in defining just what powers the 
Legislature has been granted by the citizens through our 
Constitution, and the limits to that power granted. Nowhere in our 
Constitution has the Legislature been granted the power of judicial 
review. That power was/is granted exclusively to the judicial branch 
by the citizens of this state.

After, and only after, a review of the current law by the judiciary, 
resulting in a ruling that the current law is unconstitutional, can 
the Legislature then act to repeal and revise the law. Legislative 
action before such review is exceeding your powers in what the 
Constitution, the law, allows.

Is your abuse of the Constitution, the law, any less repulsive and 
damaging to the state than those who abuse the MMA? Abuse of the law 
is abuse of the law.

Two wrongs do not make a right.

There are, as always, unintended consequences to abuse of the law. 
Unintended consequences as simple as monkey see, monkey do. When 
those who have been elected to positions of political power, bend, 
break or manipulate the laws as they see fit, sooner or later 
everyone else will too.

Is this what you were hired to do at election time? Hired to foster 
discord to the union of the state and its citizens?

John Marshall, Hot Springs
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MAP posted-by: Keith Brilhart