“It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”
MR. JUSTICE BRANDEIS, dissenting.
New State Ice Co. v. Liebmann, 285 US 262 – Supreme Court 1932
You see this quote frequently relied upon these days by the pro-MJ crowd. It’s worth noting, however, that in New State Ice Co., the Court disallowed the state from acting as a “laboratory for a novel social or economic experiment.”
Moreover, Brandeis did not say “democracy,” but “novel social and economic experiments,” which is not at all the same thing as democracy – another example of progressive historicism?
Still, Go Arizona!
Every state should respond to the Obama administrations’ overreach with legislation to limit the effect of federal executive actions unsupported by congressional statute.
