D.C. Marajuana legalization-What can Congress actually do?

[Anonymous]

I'm trying to figure out what Congress can do about D.C. allowing the Initiative 71 to go forward. What are they going to do? Are they going to file a lawsuit in Federal Court? What damages are they going to ask for? Injunction? Throwing the mayor in jail. Yanking D.C.s funding?

Does anyone have any better insights?

[Anonymous]

The U.S. Constitution grants Congress "exclusive jurisdiction" over the District of Columbia as it is considered a federal district, and not a state. Granted, the passage of the Home Rule Act in 1973 did delegate local responsibilities to a mayor and a 13 member city council HOWEVER...

SEC. 601 of the Home Rule Act clearly states, Notwithstanding any other provision of this Act, the Congress of the United States reserves the right, at any time, to exercise its constitutional authority as legislature for the District, by enacting legislation for the District on any subject, whether within or without the scope of legislative power granted to the Council by this Act, including legislation to amend or repeal any law in force in the District prior to or after enactment of this Act and any act passed by the Council.

So basically to answer your question of what can Congress do, the answer is whatever the hell they please. They can overturn Initiative 71 and outlaw marijuana in the District, they can make it a full-fledged Federal offense if they want. They can make it a misdemeanor to wear heels without stockings, they can make it legal for anyone who's name starts with "W" to double park on Wednesdays. Congress still has exclusive jurisdiction. They basically just loaned responsibility for handling city affairs to the mayor and city council for a while but Congress can take it back at any time on any subject.

[jsteele]

Anonymous wrote:So basically to answer your question of what can Congress do, the answer is whatever the hell they please. They can overturn Initiative 71 and outlaw marijuana in the District, they can make it a full-fledged Federal offense if they want. They can make it a misdemeanor to wear heels without stockings, they can make it legal for anyone who's name starts with "W" to double park on Wednesdays. Congress still has exclusive jurisdiction. They basically just loaned responsibility for handling city affairs to the mayor and city council for a while but Congress can take it back at any time on any subject.

I think it is important to distinguish between what responsibilities the Constitution allocates to Congress and what Congress actually can do. The two are not necessarily the same. Specifically, laws passed in DC must be submitted to the House of Representatives for a 30 day review period. During that time, the House and Senate can pass a joint resolution -- which then must be signed by the President -- to prevent the law from taking effect. Because of the filibuster, Senate Democrats can prevent such a resolution from being approved and, if they fail, the President can veto it. As such, Congress really can't act during the review period. As a result, they use their power over the DC budget.

Regarding Initiative 71, the review period ends tonight. Congress won't be passing a joint resolution preventing it from taking effect. Instead, some Republican Members of Congress are relying on a rider to the "Cromibus" preventing DC from spending funds to "enact" the initiative. There are arguments in DC's favor suggesting that restriction is not enough to stop I-71 and, therefore, it will go into effect tonight. The Republican opponents to the Initiative will likely consider that a violation of their will and can react accordingly. They can file lawsuits, call for hearings, and make other gestures. However, they won't be able to do very much unilaterally. The biggest danger is that they may seek revenge down the road in the form of additional riders to budget and other "must pass" legislation.

I suspect that Congress won't be able to stop I-71 and tomorrow, pot will be legal in DC. There will likely be hearings that will be contentious and there may be an effort by Republicans to attach a rider to the Homeland Security bill if they ever agree to pass it. But, it is likely that Congress has more important fish to fry and won't get around to doing anything.

[Anonymous]

jsteele wrote:

Anonymous wrote:So basically to answer your question of what can Congress do, the answer is whatever the hell they please. They can overturn Initiative 71 and outlaw marijuana in the District, they can make it a full-fledged Federal offense if they want. They can make it a misdemeanor to wear heels without stockings, they can make it legal for anyone who's name starts with "W" to double park on Wednesdays. Congress still has exclusive jurisdiction. They basically just loaned responsibility for handling city affairs to the mayor and city council for a while but Congress can take it back at any time on any subject.

I think it is important to distinguish between what responsibilities the Constitution allocates to Congress and what Congress actually can do. The two are not necessarily the same. Specifically, laws passed in DC must be submitted to the House of Representatives for a 30 day review period. During that time, the House and Senate can pass a joint resolution -- which then must be signed by the President -- to prevent the law from taking effect. Because of the filibuster, Senate Democrats can prevent such a resolution from being approved and, if they fail, the President can veto it. As such, Congress really can't act during the review period. As a result, they use their power over the DC budget.

Regarding Initiative 71, the review period ends tonight. Congress won't be passing a joint resolution preventing it from taking effect. Instead, some Republican Members of Congress are relying on a rider to the "Cromibus" preventing DC from spending funds to "enact" the initiative. There are arguments in DC's favor suggesting that restriction is not enough to stop I-71 and, therefore, it will go into effect tonight. The Republican opponents to the Initiative will likely consider that a violation of their will and can react accordingly. They can file lawsuits, call for hearings, and make other gestures. However, they won't be able to do very much unilaterally. The biggest danger is that they may seek revenge down the road in the form of additional riders to budget and other "must pass" legislation.

I suspect that Congress won't be able to stop I-71 and tomorrow, pot will be legal in DC. There will likely be hearings that will be contentious and there may be an effort by Republicans to attach a rider to the Homeland Security bill if they ever agree to pass it. But, it is likely that Congress has more important fish to fry and won't get around to doing anything.

Well...I mean if you wanna get all technical about it, yeah.
(Lol - good looking out Jeff)

[Anonymous]

jsteele wrote:

Anonymous wrote:So basically to answer your question of what can Congress do, the answer is whatever the hell they please. They can overturn Initiative 71 and outlaw marijuana in the District, they can make it a full-fledged Federal offense if they want. They can make it a misdemeanor to wear heels without stockings, they can make it legal for anyone who's name starts with "W" to double park on Wednesdays. Congress still has exclusive jurisdiction. They basically just loaned responsibility for handling city affairs to the mayor and city council for a while but Congress can take it back at any time on any subject.

I think it is important to distinguish between what responsibilities the Constitution allocates to Congress and what Congress actually can do. The two are not necessarily the same. Specifically, laws passed in DC must be submitted to the House of Representatives for a 30 day review period. During that time, the House and Senate can pass a joint resolution -- which then must be signed by the President -- to prevent the law from taking effect. Because of the filibuster, Senate Democrats can prevent such a resolution from being approved and, if they fail, the President can veto it. As such, Congress really can't act during the review period. As a result, they use their power over the DC budget.

Regarding Initiative 71, the review period ends tonight. Congress won't be passing a joint resolution preventing it from taking effect. Instead, some Republican Members of Congress are relying on a rider to the "Cromibus" preventing DC from spending funds to "enact" the initiative. There are arguments in DC's favor suggesting that restriction is not enough to stop I-71 and, therefore, it will go into effect tonight. The Republican opponents to the Initiative will likely consider that a violation of their will and can react accordingly. They can file lawsuits, call for hearings, and make other gestures. However, they won't be able to do very much unilaterally. The biggest danger is that they may seek revenge down the road in the form of additional riders to budget and other "must pass" legislation.

I suspect that Congress won't be able to stop I-71 and tomorrow, pot will be legal in DC. There will likely be hearings that will be contentious and there may be an effort by Republicans to attach a rider to the Homeland Security bill if they ever agree to pass it. But, it is likely that Congress has more important fish to fry and won't get around to doing anything.

intentional?

[Anonymous]

Didn't Chaffetz threaten to arrest the mayor and any other DC Government officials who he can link to talking about what to do with about this? Who would do the arresting and where would she be held? Also what if they did a all for one thing and all wanted to be arrested? Would the police be placed under arrest for not enforcing the congressional rule?

[Anonymous]

Anonymous wrote:Didn't Chaffetz threaten to arrest the mayor and any other DC Government officials who he can link to talking about what to do with about this? Who would do the arresting and where would she be held? Also what if they did a all for one thing and all wanted to be arrested? Would the police be placed under arrest for not enforcing the congressional rule?

On what specific charges would he arrest DC government officials?

[jsteele]

Anonymous wrote:

Anonymous wrote:Didn't Chaffetz threaten to arrest the mayor and any other DC Government officials who he can link to talking about what to do with about this? Who would do the arresting and where would she be held? Also what if they did a all for one thing and all wanted to be arrested? Would the police be placed under arrest for not enforcing the congressional rule?

On what specific charges would he arrest DC government officials?

The charges would be violating the Anti-Deficiency Act. Nobody has ever been charged under that law, but it would be a federal offense. So, a federal law enforcement agency would have to make the arrests, perhaps FBI or Marshals. Chaffetz himself does not have police powers. So, all he can do is refer the violation to the authorities. I can imagine Holder giving him quite the run-around.

[Anonymous]

Exactly. The DoJ and US Attorney, not a couple of dimwitted Congressmen, are charged with determining whether there has been a violation of the AntiDeficiency Act and, even if there has been, whether it should be subject to prosecution. Only the most rabid right-wing appointee would convict the Mayor in the unlikely event of a prosecution or impose the maximum penalty, which is a $5,000 penalty or up to two years in prison. And contrary to what 11:08 seems to believe, Congress does not have the Constitutional authority to act by fiat. Rather, if Congress wants to amend or repeal Initiative 71, the President would need to sign legislation passed by both chambers. Cue: I'm just a bill . . . (BTW, possession and cultivation of marijuana is already a federal offense). This is nothing more than political theater intended as fodder for the wingnuts.

[Anonymous]

walked past vz center last night to go to denson's and smelled the sweet aroma of ganja.

God I love pot.

[Anonymous]

Have they arrested the mayor yet? I notice OMP was delayed today...

[Anonymous]

Anonymous wrote:walked past vz center last night to go to denson's and smelled the sweet aroma of ganja.

God I love pot.

Those assholes in Congress can't tell Metro PD how to operate. The people win! For now.

Wish I had a consistent dealer...

[Anonymous]

jsteele wrote:

Anonymous wrote:So basically to answer your question of what can Congress do, the answer is whatever the hell they please. They can overturn Initiative 71 and outlaw marijuana in the District, they can make it a full-fledged Federal offense if they want. They can make it a misdemeanor to wear heels without stockings, they can make it legal for anyone who's name starts with "W" to double park on Wednesdays. Congress still has exclusive jurisdiction. They basically just loaned responsibility for handling city affairs to the mayor and city council for a while but Congress can take it back at any time on any subject.

I think it is important to distinguish between what responsibilities the Constitution allocates to Congress and what Congress actually can do. The two are not necessarily the same. Specifically, laws passed in DC must be submitted to the House of Representatives for a 30 day review period. During that time, the House and Senate can pass a joint resolution -- which then must be signed by the President -- to prevent the law from taking effect. Because of the filibuster, Senate Democrats can prevent such a resolution from being approved and, if they fail, the President can veto it. As such, Congress really can't act during the review period. As a result, they use their power over the DC budget.

Regarding Initiative 71, the review period ends tonight. Congress won't be passing a joint resolution preventing it from taking effect. Instead, some Republican Members of Congress are relying on a rider to the "Cromibus" preventing DC from spending funds to "enact" the initiative. There are arguments in DC's favor suggesting that restriction is not enough to stop I-71 and, therefore, it will go into effect tonight. The Republican opponents to the Initiative will likely consider that a violation of their will and can react accordingly. They can file lawsuits, call for hearings, and make other gestures. However, they won't be able to do very much unilaterally. The biggest danger is that they may seek revenge down the road in the form of additional riders to budget and other "must pass" legislation.

I suspect that Congress won't be able to stop I-71 and tomorrow, pot will be legal in DC. There will likely be hearings that will be contentious and there may be an effort by Republicans to attach a rider to the Homeland Security bill if they ever agree to pass it. But, it is likely that Congress has more important fish to fry and won't get around to doing anything.

Excellent analysis: concise and informative.

[Anonymous]

If the GOP wins the WH in '16, might the AG begin strict enforcement of federal law and essentially repeal not only the DC law, but all the state marijuana legalizations?

[Anonymous]

Anonymous wrote:If the GOP wins the WH in '16, might the AG begin strict enforcement of federal law and essentially repeal not only the DC law, but all the state marijuana legalizations?

Yes, it's possible that everyone down to casual users in Colorado could be at risk for arrest and prosecution.

But that would cost billions and would be against the will of the people.

But the alcohol, pharmaceutical, and prison lobbies would support it, so it could very well happen.