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2007-04-13

The drug war is unconstitutional

I call for an immediate end to the Federal War on Drugs, because it is unconstitutional.

When alcohol was prohibited in 1920, it took an Amendment to the United States Constitution. Why? Because Congress and the federal government did not have the legal power to prohibit the manufacture and sale of alcohol.

Congress has a specific set of powers. They are enumerated (this means listed) in Article One. According to the Tenth Amendment, all other powers are forbidden to the federal government. They belong to the states and/or the people. This means that without the 18th Amendment, states had the power to prohibit alcohol, but the federal government did not.

The passage of the Tenth Amendment was actually a little bit controversial. Not because some people believed the federal government shouldn't be limited -- it was controversial because some of the authors of the Constitution thought it was obvious that Congress couldn't pass laws exceeding the listed powers in the Constitution, and didn't think the Constitution should have to explicitly say this.

So how come it took an Amendment to the Constitution to give the federal government the power to prohibit alcohol, but today the federal government prohibits other drugs even though no such Amendment was ever passed giving them that power? They certainly don't get that power from the 18th Amendment -- it was repealed in 1933. Can you tell me which article of the Constitution authorizes Congress to pass laws prohibiting drugs? And if so, can you tell me why that article gives that power today, but did not give the power to prohibit alcohol in 1920?

What's changed? The way we perceive our government and the Constitution. And this is a tragedy.

You know what? I hate drugs. Drugs have ruined a lot of lives. But I hate tyranny more. Tyranny has ruined far more lives than drugs.

Today the federal government has all the same powers of a monarchy. I thought we were supposed to be different, somehow. The only difference seems to be that we get to elect a new ruling family every few years. How well is that system working for you?

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