State laws in Washington and Colorado legalizing marijuana need to be nullified by the federal government immediately, say ex-DEA heads, citing — as usual — the Supremacy Clause of the Constitution, which they take to mean that any old law, whether constitutional or not, binds the states.
“This is a no brainer,” said former DEA administrator Peter Bensinger. “It is outrageous that a lawsuit hasn’t been filed in federal court yet.”
It is a no brainer only in the sense that people who hold this interpretation of the Supremacy Clause may not have a brain. See NullificationFAQ.com for more. (Thanks to Thomas.)