Having a debate with my friend about the legalization of marijuana in colorado and washington and i wanna know:

Which specific part of the US Constitution suggests that the national government might be allowed to pass a law restricting the sale of marijuana?

I remember reading it somewhere but I forgot which article it was that allows the government to intervene.

interstate commerce clause perhaps? that's often abused for just about everything

This post was edited by carteblanche on Feb 12 2014 05:49pm

There is no place in the Constitution that specifically states that.

thanks

Court rulings suggest that national government agencies such as the Drug Enforcement Administration continue have the power to enforce national laws against the sale of marijuana even in states that have legalized it. What specific part of the US Constitution would give the national government the authority to do this even in states like Colorado and Washington?

http://en.wikipedia.org/wiki/Federal_preemption

According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:

Consistent with that command, we have long recognized that state laws that conflict with federal law are “without effect.” Maryland v. Louisiana, 451 U. S. 725, 746 (1981)

This post was edited by carteblanche on Feb 12 2014 06:05pm

give it few more years, light is at the end of the tunnel so to speak

this^^^
if you don't know where the authority for the federal government comes from on an issue, always look to the commerce clause.