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Text of the Department of Justice’s “Cole Memo” – June 29, 2011
|| 7/31/2011 || 1:59 pm || + Render A Comment || ||

Following up on the Ogden Memo, I decided to post the “Cole Memo” below:


MEMORANDUM FOR UNITED STATES ATTORNEYS

FROM: James M. Cole
Deputy Attorney General

SUBJECT: Guidance Regarding the Ogden Memo in Jurisdictions
Seeking to Authorize Marijuana for Medical Use

Over the last several months some of you have requested the Department’s assistance in responding to inquiries from State and local governments seeking guidance about the Department’s position on enforcement of the Controlled Substances Act (CSA) in jurisdictions that have under consideration, or have implemented, legislation that would sanction and regulate the commercial cultivation and distribution ofmarijuana purportedly for medical use. Some of these jurisdictions have considered approving the cultivation of large quantities of marijuana, or broadening the regulation and taxation of the substance. You may have seen letters responding to these inquiries by several United States Attorneys. Those letters are entirely consistent with the October 2009 memorandum issued by Deputy Attorney General David Ogden to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana (the “Ogden Memo“).

The Department ofJustice is committed to the enforcement ofthe Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large scale criminal enterprises, gangs, and cartels. The Ogden Memorandum provides guidance to you in deploying your resources to enforce the CSA as part of the exercise of the broad discretion you are given to address federal criminal matters within your districts.

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S280 – A Bill To Repeal an Act Entitled ”An Act to Retrocede the County of Alexandria, in the District of Columbia, to the State of Virginia” – United States Senate, April 23, 1866
|| 4/6/2010 || 11:01 am || + Render A Comment || ||

Within two years of the end of the Civil War, it was realized that Virginia’s retrocession in 1846 was unconstitutional and Senator Benjamin Wade, a Radical Republican introduced a bill to repeal the act:


Page 1 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
Page 2 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
Page 3 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
Page 4 - S280 - A Bill To Repeal an Act Entitled 'An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia'
[ Source: Library of Congress ]

Bills and Resolutions
Senate
39th Congress, 1st Session:
April 23, 1866

Mr. Wade asked, and by unanimous consent obtained, leave to bring in the following bill; which was read twice, referred to the Committee on the District of Columbia, and ordered to be printed.

A Bill To repeal an act entitled ”An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia,” and for other purposes.

Whereas the Constitution of the United States provides that Congress ”shall exercise exclusive legislation in all cases whatsoever over such District (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States;” and whereas by an act of Congress approved July sixteenth, anno Domini seventeen hundred and ninety, ten miles square of territory was accepted from the States of Maryland and Virginia, as the permanent seat of government, constituting what was subsequently known as the District of Columbia, which when so accepted and defined, all jurisdiction over the same was, by the Constitution, forever vested in Congress, whose duty it was then, and forever after, to preserve unviolated and free from all control whatsoever, save that of Congress; and whereas experience derived from the recent rebellion, has demonstrated the wisdom of preserving such ten miles square under the exclusive control of Congress, both for military and civil purposes, and for the defense of the capital; and whereas, by an act of Congress approved July ninth, anno Domini eighteen hundred and forty-six, that portion of said ten miles square lying south of the Potomac was ceded back to the State of Virginia, in violation of the intent and meaning of the Constitution of the United States, and to the great peril of the capital as aforesaid: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of Congress approved July ninth, anno Domini eighteen hundred and forty-six, retroceding to the State of Virginia that portion of the district ten miles square, as provided by the Constitution, known as the District of Columbia, be, and the same is hereby, henceforth and forever repealed and declared null and void, and that the jurisdiction of Congress, and the laws provided for the District of Columbia be, and the same hereby, put in force, as same as if said act of retrocession had never been passed.

Sec. 2. And be it further enacted, That private and personal property shall not be affected by this act, so far as the rights of parties are concerned; and all public property whereof the United States were possessed at the time of the retrocession of said portion of the District of Columbia to the State of Virginia shall, from and after the passage of this act, be vested in the United States government, any law, act, or conveyance to the contrary notwithstanding, and the government, through its proper officials, is hereby authorized to acquire, by purchase or otherwise, any and all further property, real or personal, in said portion of the District of Columbia, as may be deemed necessary for public use.

Sec. 3. And be it further enacted, That all suits and actions at law, civil or criminal, shall from and after the passage of this act be conducted and determined according to the laws, rules, and regulations enacted and provided by Congress for the District of Columbia, excepting causes wherein final judgment, decree, or sentence shall have been pronounced or passed; in such cases the final satisfaction of such judgments or decrees will be in accordance with the laws in force in the State of Virginia. But all causes wherein final judgment or decree shall not have been passed or pronounced, shall be in future conducted and determined as provided by this act.

Sec. 4. And be it further enacted, That all taxes and revenues assessable and collectible on property, real or personal, in said portion of the District of Columbia south of the Potomac, shall from and after the passage of this act, be rated, collected, and applied according to the existing or future laws of Congress governing the District of Columbia.

Sec. 5. And be it further enacted, That from and after the passage of this act all civil offices in the said portion of the District of Columbia south of the Potomac, in the city of Alexandria and what is known as the county of Alexandria, shall be declared vacant; and the vacancies so created shall be filled by new appointments or elections, to be made and held under the laws, regulations, and qualifications provided by Congress for elections and electors in the District of Columbia.

Sec. 6. And be it further enacted, That this act shall be in force from and after its passage.



An Act for establishing the Temporary and Permanent seat of the Government of the United States
|| 2/24/2009 || 12:35 pm || Comments Off on An Act for establishing the Temporary and Permanent seat of the Government of the United States || ||

For last month or so I’ve been adding historic pieces of legislation here on my blog. The aim here, and the general aim of this blog, is to keep an ongoing, on-line journal that features things that I’m either interested in or things that I have created. Historic pieces of legislation related to the District of Columbia fall into the former category, and today’s entry is the text & scans of the act that established the Temporary (Philadelphia) and Permanent Seat of the Government of the United States in a “district of territory” that would eventually become named the District of Columbia.



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Text of H.R. 259 – An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia
|| 2/19/2009 || 7:12 pm || 1 Comment Rendered || ||

From 1840 to 1846, residents of Alexandria petitioned Congress and the Virginia legislature to approve retrocession. On February 3, 1846 the Virginia General Assembly agreed to accept the retrocession of Alexandria if Congress approved. Following additional lobbying by Alexandrians, Congress passed legislation (below) on July 9, 1846 to return all the District’s territory south of the Potomac River back to the Commonwealth of Virginia, pursuant to a referendum that would be held later in the year, and President Polk signed this first piece of legislation the next day.

A referendum on retrocession was then held on September 1–2, 1846 and the residents of the City of Alexandria voted in favor of the retrocession, 734 to 116, however, the residents of Alexandria County voted against retrocession 106 to 29. Despite the objections of those living in Alexandria County, President Polk certified the referendum and issued a proclamation of transfer on September 7, 1846. However, the Virginia legislature did not immediately accept the retrocession offer. Virginia legislators were concerned that the people of Alexandria County had not been properly included in the retrocession proceedings. After months of debate, the Virginia General Assembly voted to formally accept the retrocession legislation on March 13, 1847.

In Abraham Lincoln’s first State of the Union, delivered on December 3, 1861, he suggested restoring the District of Columbia to George Washington’s original boundaries:

The present insurrection [Civil War] shows, I think, that the extension of this District across the Potomac at the time of establishing the capital here was eminently wise, and consequently that the relinquishment of that portion of it which lies within the state of Virginia was unwise and dangerous. I submit for your consideration the expediency of regarding that part of the District and the restoration of the original boundaries thereof through negotiations with the State of Virginia.

I also question the legitimacy of the retrocession because in the bill below you can see that it states that both the county AND the town of Alexandria were to pass the referendum. The county of Alexandria never voted in favor of retrocession, only the town voted for it. Imagine if the land was returned back to the District of Columbia?

Continue:

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Text of the District of Columbia Organic Act of 1871
|| 1/30/2009 || 5:23 pm || Comments Off on Text of the District of Columbia Organic Act of 1871 || ||

The District of Columbia Organic Act of 1871 aka “An Act to provide a Government for the District of Columbia (41st Congress, 3d Sess., ch. 62, 16 Stat. 419, enacted 1871-02-21) is an Act of Congress, which revoked the individual charters of the City of Washington, the City of Georgetown, and the County of Washington and created a new city government for the entire District of Columbia. The legislation effectively merged what had been separate municipalities within the federal territory into a single entity. It is for this reason that the city, while legally named the District of Columbia, is still commonly known as Washington, D.C. However, this act was abolished in 1874, and while the name did not change, the territorial Governor was replaced with a three-member Board of Commissioners appointed by the President. This system existed until 1974 when the District of Columbia Home Rule Act allowed for District residents to elect their own mayor.

Below is the text of the bill:

Continue reading the bill:

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Text of the District of Columbia Organic Act of 1801
|| 1/29/2009 || 5:12 pm || Comments Off on Text of the District of Columbia Organic Act of 1801 || ||

The District of Columbia Organic Act of 1801 (officially An Act Concerning the District of Columbia) (6th Congress, 2nd Sess., ch. 15, 2 Stat. 103, enacted 1801-02-27) is an Act of Congress, which incorporated the District of Columbia and divided the territory into two counties: Washington County to the east of the Potomac River and Alexandria County to the west. The charters of the independent cities of Georgetown and Alexandria were left in place and no change was made to their status. The laws of both Maryland and Virginia continued to remain in force within the District.

Below is the text of the bill:

Continue reading the bill:

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