Jacob Sullum responds to a Wall Street Journal editorial on whether Obama’s presidency has been more “imperial” than that of George W. Bush:
The first bogus distinction has to do with drug policy. Strassel claims “Obama disagrees with federal law, which criminalizes the use of medical marijuana.” If so, why has the Obama administration steadfastly refused to reclassify marijuana so it can legally be used as a medicine, a power it has under the Controlled Substances Act? Instead it absurdly insists that marijuana has no medical applications, cannot be used safely, and poses a bigger abuse risk than cocaine, morphine, and methamphetamine. Notwithstanding the fact that Obama opposes loosening the federal ban on marijuana, Strassel says Congress’ refusal to do so has led the president to “instruct…his Justice Department not to prosecute transgressors.” This will come as news to the hundreds of medical marijuana suppliers shut down by federal raids or threats of prosecution and forfeiture since Obama took office. By some measures (frequency of raids, for example), Obama’s crackdown on medical marijuana has been more aggressive than Bush’s, and both administrations have in practice taken essentially the same approach, going after growers and sellers rather than individual patients. That policy does not reflect tolerance or compassion so much as the feds’ customary allocation of resources: The DEA, which accounts for less than 1 percent of marijuana arrests, has never shown much interest in minor possession cases.
The second bogus distinction between Obama and Bush has to do with “auto bailouts,” one of the examples Strassel (correctly) cites to illustrate Obama’s power grabs. She seems to have forgotten that it was Bush who initiated the illegal use of money from the Troubled Asset Relief Program to rescue American car manufacturers from their own mistakes (a policy that Obama welcomed as a senator and expanded as president). That episode followed precisely the pattern that Strassel is decrying: The Bush administration unsuccessfully sought congressional approval for bailing out car companies, then did it anyway. This example also undermines Strassel’s mitigation of Bush’s abuses: She incorrectly states that “his aggressive reading of executive authority was limited to the area where presidents are at their core power — the commander-in-chief function.”
