{"id":184494,"date":"2010-01-15T04:35:37","date_gmt":"2010-01-15T09:35:37","guid":{"rendered":"http:\/\/nw0.eu\/2010\/01\/15\/the-drug-war-vs-the-bill-of-rights.html"},"modified":"2010-01-15T04:35:37","modified_gmt":"2010-01-15T09:35:37","slug":"the-drug-war-vs-the-bill-of-rights","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/184494","title":{"rendered":"The Drug War vs. the Bill of Rights"},"content":{"rendered":"<div class=\"entry-body\">\n<div>\n<div class=\"item-body\">\n<div>\n<p>Anthony Gregory<br \/>\n<a  href=\"http:\/\/www.campaignforliberty.com\/article.php?view=380\">Campaign For Liberty<\/a><br \/>\nThursday, January 14th, 2010<\/p>\n<p>This is from Ludwig von Mises\u2019s economic masterpiece, Human Action, written sixty years ago in 1949:<\/p>\n<blockquote>\n<p>The problems involved in direct government interference<br \/>\nwith consumption. . . concern the fundamental issues of human life and<br \/>\nsocial organization. If it is true that government derives its<br \/>\nauthority from God and is entrusted by Providence to act as the<br \/>\nguardian of the ignorant and stupid populace, then it is certainly its<br \/>\ntask to regiment every aspect of the subject\u2019s conduct. The<br \/>\nGod-sent ruler knows better what is good for his wards than they do<br \/>\nthemselves. It is his duty to guard them against the harm they would<br \/>\ninflict upon themselves if left alone.<\/p>\n<p>Self-styled \u201crealistic\u201d people fail to recognize the<br \/>\nimmense importance of the principles implied. They contend that they do<br \/>\nnot want to deal with the matter from what, they say, is a philosophic<br \/>\nand academic point of view. Their approach is, they argue, exclusively<br \/>\nguided by practical considerations. . . .<\/p>\n<p>However, the case is not so simple as that. Opium and morphine are<br \/>\ncertainly dangerous, habit-forming drugs. But once the principle is<br \/>\nadmitted that it is the duty of government to protect the individual<br \/>\nagainst his own foolishness, no serious objections can be advanced<br \/>\nagainst further encroachments. A good case could be made out in favor<br \/>\nof the prohibition of alcohol and nicotine. And why limit the<br \/>\ngovernment\u2019s benevolent providence to the protection of the<br \/>\nindividual\u2019s body only? Is not the harm a man can inflict on his<br \/>\nmind and soul even more disastrous than any bodily evils? Why not<br \/>\nprevent him from reading bad books and seeing bad plays, from looking<br \/>\nat bad paintings and statues and from hearing bad music? The mischief<br \/>\ndone by bad ideologies, surely, is much more pernicious, both for the<br \/>\nindividual and for the whole society, than that done by narcotic drugs.<\/p>\n<p>These fears are not merely imaginary specters terrifying secluded<br \/>\ndoctrinaires. It is a fact that no paternal government, whether ancient<br \/>\nor modern, ever shrank from regimenting its subjects\u2019 minds,<br \/>\nbeliefs, and opinions. If one abolishes man\u2019s freedom to<br \/>\ndetermine his own consumption, one takes all freedoms away. The<br \/>\nna\u00efve advocates of government interference with consumption delude<br \/>\nthemselves when they neglect what they disdainfully call the<br \/>\nphilosophical aspect of the problem. They unwittingly support the case<br \/>\nof censorship, inquisition, religious intolerance, and the persecution<br \/>\nof dissenters.<\/p>\n<\/blockquote>\n<p>Radicalism on the drug issue is often seen in terms of the politics<br \/>\nof the 1960s and since, but twenty years before Woodstock, one of the<br \/>\nmost serious and significant thinkers ever to ponder the importance of<br \/>\nhuman liberty said all this, going far beyond what most critics of drug<br \/>\npolicy would say today.<\/p>\n<p>But is Mises correct? Does he overstate his case? Is the abolition<br \/>\nof the right to consume whatever someone wants really taking all his<br \/>\nfreedom away? And does drug prohibition really send us on the path to<br \/>\ncensorship and religious persecution?<\/p>\n<p>In America, our liberties our ostensibly protected by the U.S.<br \/>\nConstitution and particularly the Bill of Rights. How much has the drug<br \/>\nwar compromised our Constitutional rights? Let us consider a countdown,<br \/>\nstarting with the Tenth Amendment and moving to First.<\/p>\n<p><strong>The Tenth Amendment<\/strong> says \u201cThe powers not<br \/>\ndelegated to the United States by the Constitution, nor prohibited by<br \/>\nit to the States, are reserved to the States respectively, or to the<br \/>\npeople.\u201d This effectively means that if the Constitution does not<br \/>\ngrant the power to the federal government over something, then it is<br \/>\nfor the states and people to decide. Some people here would say this is<br \/>\nthe most important amendment. If the federal government obeyed it, the<br \/>\nentire drug war as we know it would be impossible.<\/p>\n<p>In 1909, Hamilton Wright, U.S. official to the Shanghai Opium<br \/>\nCommission, complained that the Constitution was \u201cconstantly<br \/>\ngetting in the way\u201d of his drug war ambitions. Indeed, in<br \/>\ndomestic politics, there is no Constitutional authorization for a<br \/>\nfederal drug war whatever. Without a grant of power, the U.S.<br \/>\ngovernment is supposed to butt out.<\/p>\n<p>In 1914, Woodrow Wilson signed the Harrison Narcotic Act into law.<br \/>\nThere was no constitutional basis for this, but at least by the time<br \/>\nalcohol prohibition came around, it was recognized that the federal<br \/>\ngovernment would need constitutional authority to ban liquor. They<br \/>\npassed the 18th Amendment and repealed the disaster of alcohol<br \/>\nprohibition with the 21st amendment.<\/p>\n<p>By 1937, however, there was no more such deference to Constitutional<br \/>\nprocedure. That year, Franklin Roosevelt signed the Marijuana Tax Act<br \/>\ninto law, effectively banning marijuana at the federal level. All the<br \/>\nmajor federal drug laws since then had no Constitutional basis, and all<br \/>\nof them seemed to come with general expansions of federal power. Just<br \/>\nas Wilson\u2019s ban on heroin and regulation of cocaine came during<br \/>\nthe activist Progressive Era and marijuana prohibition was part of<br \/>\nFDR\u2019s New Deal, the next major wave of federal drug law came in<br \/>\nthe 1960s, during the Great Society, and culminated in the 1970<br \/>\nControlled Substances Act just as Nixon was continuing LBJ\u2019s<br \/>\npolicies of guns and butter.<\/p>\n<p>This relates to the medical marijuana debates since the 1990s. When<br \/>\nstates began allowing medicinal pot, Bill Clinton and George W. Bush<br \/>\nboth cracked down on their dispensaries, and many advocates of<br \/>\nstates\u2019 rights decried this violation of federalism. A case went<br \/>\nto the Supreme Court on 10th Amendment grounds and all the liberals on<br \/>\nthe court, all favoring a federal government with few limits on its<br \/>\npower, upheld Bush\u2019s raids. Three conservatives dissented,<br \/>\nincluding Clarence Thomas, arguing that the federal government had no<br \/>\nauthority through the commerce clause to interfere with<br \/>\nCalifornia\u2019s medical marijuana policy.<\/p>\n<p>If Obama indeed stops the medical marijuana raids, it will probably<br \/>\nnot be because, as his spokesman says, he believes \u201cthat federal<br \/>\nresources should not be used to circumvent state laws.\u201d On<br \/>\ngeneral questions of policy, including the drug war, Obama and most<br \/>\nliberals favor federal supremacy. If California goes through with<br \/>\nlegalizing marijuana outright, will Obama really do nothing about it?<br \/>\nWill the administration actually find ways to crack down on medical<br \/>\nmarijuana while claiming the operations it\u2019s targeting are not<br \/>\nfor medical use \u2014 as it has done before? Is it possible that<br \/>\nObama, not believing in the constitutional principles at stake, will<br \/>\naccelerate other aspects of the drug war?<\/p>\n<p>The Tenth Amendment alone invalidates the federal drug war, and so too does the next one down.<\/p>\n<p>The <strong>Ninth Amendment<\/strong> says \u201cThe enumeration in<br \/>\nthe Constitution, of certain rights, shall not be construed to deny or<br \/>\ndisparage others retained by the people.\u201d<\/p>\n<p>This means that just because a personal right is not specifically<br \/>\nmentioned does not mean the federal government can infringe upon it.<br \/>\nCertainly the rights to use and sell drugs are being attacked in this<br \/>\nvery way.<\/p>\n<p>And in moral terms, this is what the drug war means. It is the<br \/>\ndenial of self-ownership. Someone who can\u2019t decide what to put in<br \/>\nhimself does not own himself. The logic of the drug war is that the<br \/>\ngovernment owns you.<\/p>\n<p>We look at all the rights trampled in the name of the drug war and<br \/>\nwe see how all rights are connected. People are denied the right to<br \/>\nself-medicate and take the treatment they desire. Not just in regard to<br \/>\nillegal drugs either, but those that are regulated.<\/p>\n<p>The Food and Drug Administration is tied at the hip to the Drug<br \/>\nEnforcement Administration. The pharmaceutical interests who control<br \/>\nfederal prescription drug policy have a stake in maintaining a control<br \/>\non what drugs people can do. The FDA, by keeping life-saving drugs off<br \/>\nthe market, has forced tens and tens of thousand Americans to die<br \/>\nprematurely. Mary Ruwart puts the number in the millions.<\/p>\n<p>What would amuse me if it were not tragic is that so many liberals<br \/>\ndefend the FDA even as they question the drug war. But if you have a<br \/>\nright to do drugs to get high, you surely also have a right to do any<br \/>\ndrug that you think might save your life. Medical freedom in its true<br \/>\nsense is totally impossible without drug freedom.<\/p>\n<p>Because of the drug war, the right to travel is impeded, and the<br \/>\nright to have and transfer money. Laws against money laundering \u2014<br \/>\nitself a victimless crime \u2014 have sprung up almost entirely<br \/>\nbecause of the drug war. And anyone who believes that the right to<br \/>\npractice free enterprise is important and guaranteed by the Ninth<br \/>\nAmendment must necessarily oppose the drug war, which violates free<br \/>\nmarket principles in a million ways.<\/p>\n<p>Next on our list is the Eighth Amendment, which guarantees that<br \/>\n\u201cExcessive bail shall not be required, nor excessive fines<br \/>\nimposed, nor cruel and unusual punishments inflicted.\u201d<\/p>\n<p>Well surely any punishment is cruel for a victimless crime.<br \/>\nConservatives might say this is a liberal reading of the Amendment. But<br \/>\nat the time the Bill of Rights was adopted, prisons as we know them<br \/>\nhardly existed, and the notion of imprisoning someone for ten years for<br \/>\ngrowing hemp, on which the Constitution was drafted, would have been<br \/>\nseen as quite cruel and quite unusual. In the 1970s and 1980s, Congress<br \/>\npassed mandatory minimum laws which reduce the discretion of judges in<br \/>\nhanding out sentences \u2014 almost all such federally determined<br \/>\nsentences are for drugs or guns.<\/p>\n<p>The average sentence in federal prison for drug trafficking is<br \/>\nlonger than for sexual abuse. The burgeoning prison state is one of the<br \/>\nmost horrifying features of modern American history, with the drug war<br \/>\nplaying a huge part. About one in four or five Americans prisoners are<br \/>\nthere for non-violent drug offenses \u2014 acts that were totally<br \/>\nlegal in the nineteenth century. Before Reagan stepped up the drug war,<br \/>\nthere were half a million Americans in prison or jail, and another 1.5<br \/>\nmillion on parole or probation. There are now more than two million<br \/>\nbehind bars and seven million total in the correctional system. Prisons<br \/>\ngrew by 500 percent from 1982 to 2000 in my state of California.<\/p>\n<p>One out of four or five prisoners are there for drugs alone. And for<br \/>\ntheir non-crime, they are sentenced to a personal totalitarianism: Gang<br \/>\nviolence, an alarming frequency of prison rape, beatings and sometimes<br \/>\ndeath. Americans by the hundreds of thousands who have never raised a<br \/>\nfinger against anyone are in constant fear of being abused and turned<br \/>\ninto slaves by their cellmates. How any American can think this is in<br \/>\nany way consistent with civilized society boggles the mind.<\/p>\n<p>Bail is often ridiculously high for drug war victims \u2014 $1<br \/>\nmillion or more. The advent of asset forfeiture \u2014 whereby the<br \/>\ngovernment confiscates your property and essentially accuses it of<br \/>\nbeing guilty of a civil offense \u2014 has become an effective way to<br \/>\ncircumvent the \u201cexcessive fines\u201d clause.<\/p>\n<p>What about the Seventh Amendment? It reads: \u201cIn suits at<br \/>\ncommon law, where the value in controversy shall exceed twenty dollars,<br \/>\nthe right of trial by jury shall be preserved, and no fact tried by a<br \/>\njury, shall be otherwise reexamined in any Court of the United States,<br \/>\nthan according to the rules of the common law.\u201d<\/p>\n<p>I mentioned civil asset forfeiture. It is important to recognize<br \/>\nthat there is no criminal hearing for the vast majority of forfeiture<br \/>\nvictims. The property is seized through civil litigation. But since the<br \/>\nproperty itself, and not the owner, is on trial, the Bill of Rights<br \/>\noffers no protection. There\u2019s no right to a trial. If a person<br \/>\nwants to reclaim his confiscated property, he must ask for a trial. If<br \/>\nthe court rules that the property be returned, the government can ask<br \/>\nfor another one, or merely make return of the property contingent upon<br \/>\nthe victim paying tens of thousands of dollars in fines.<\/p>\n<p>You might be a charter pilot who has his plane taken as part of a<br \/>\ndrug investigation, and be unable to pay the six grand to get your<br \/>\nplane back after being bankrupted by the legal system. This happened to<br \/>\nBilly Munnerlyn in the early 1990s. You could be the wrong color or<br \/>\nhave the wrong amount of cash on you and lose it all to confiscators<br \/>\nwho get to keep a cut of what they steal.<\/p>\n<p>One point of the Seventh Amendment was to protect the rights of<br \/>\nAmericans to sue government officials for wrongdoing, and have a fair<br \/>\ntrial \u2014 not the type of mock trial the Founders saw used by the<br \/>\nBritish Crown to let their officials off easy. The drug war has turned<br \/>\nthis entire idea on its head. Now the government can just take your<br \/>\nproperty without charging you and all you can do is hope that it lets<br \/>\nyou make your case in a fixed sham proceeding that you are innocent.<\/p>\n<p>The Sixth Amendment reads, \u201cIn all criminal prosecutions, the<br \/>\naccused shall enjoy the right to a speedy and public trial, by an<br \/>\nimpartial jury of the State and district wherein the crime shall have<br \/>\nbeen committed, which district shall have been previously ascertained<br \/>\nby law, and to be informed of the nature and cause of the accusation;<br \/>\nto be confronted with the witnesses against him; to have compulsory<br \/>\nprocess for obtaining witnesses in his favor, and to have the<br \/>\nAssistance of Counsel for his defense.\u201d<\/p>\n<p>For standard crimes like murder, theft, rape and the like, it is<br \/>\nperhaps possible to have trials reasonably available to every suspect.<br \/>\nBut there are simply too many drug offenders for this and no victims to<br \/>\nserve as reliable witnesses. So the standard of evidence has been<br \/>\nlowered to the point where the mere existence of enough cash and a<br \/>\ncop\u2019s say-so is enough to convict.<\/p>\n<p>What\u2019s more, defense attorneys are often burdened with a<br \/>\nhundred clients at once, so they must prioritize and leave those who<br \/>\nare fated to only a year in prison to lesser hearings. Some judges have<br \/>\neven refused to assign public defenders in drug cases.<\/p>\n<p>A dangerous alternative to the trial system is the \u201cdrug<br \/>\ncourt,\u201d wrongly touted by some reformers, including the Obama<br \/>\nadministration. In Obama and Biden\u2019s \u201cBlueprint for<br \/>\nChange\u201d they propose to \u201cExpand Use of Drug Courts\u201d<br \/>\nto \u201cgive first-time, non-violent offenders a chance to serve<br \/>\ntheir sentence, where appropriate, in the type of drug rehabilitation<br \/>\nprograms that have proven to work better than a prison term in changing<br \/>\nbad behavior.\u201d<\/p>\n<p>But as Morris Hoffman, a state trial judge in Denver and an adjunct<br \/>\nprofessor of law at the University of Colorado, warned at the USA Today<br \/>\nblog in October last year:<\/p>\n<blockquote>\n<p>[It&#8217;s] not just that drug courts don\u2019t work, or<br \/>\ndon\u2019t work well. They have the perverse effect of sending more<br \/>\ndrug defendants to prison, because their poor treatment results get<br \/>\nswamped by an increase in the number of drug arrests. By virtue of a<br \/>\nphenomenon social scientists call \u201cnet-widening,\u201d the very<br \/>\nexistence of drug courts stimulates drug arrests.<\/p>\n<p>Police are no longer arresting criminals, they are trolling for<br \/>\npatients. Denver\u2019s drug arrests almost tripled in the two years<br \/>\nafter we began our drug court. At the end of those two years, we were<br \/>\nsending almost twice the number of drug defendants to prison than we<br \/>\ndid before drug court.<\/p>\n<\/blockquote>\n<p>Attempting to win the drug war, even in a more progressive sense, is<br \/>\nthus no substitute for abandoning it altogether. The only change I can<br \/>\nbelieve we\u2019ll see under Obama is more erosion of the Sixth<br \/>\nAmendment.<\/p>\n<p>We\u2019re just getting started. The Fifth Amendment states:<br \/>\n\u201cNo person shall be. . . subject for the same offense to be twice<br \/>\nput in jeopardy of life or limb; nor shall be compelled in any criminal<br \/>\ncase to be a witness against himself, nor be deprived of life, liberty,<br \/>\nor property, without due process of law; nor shall private property be<br \/>\ntaken for public use, without just compensation.\u201d<\/p>\n<p>Mandatory drug testing can be seen as self-incrimination, as soon as<br \/>\nthe results are used in criminal prosecution. Civil asset forfeiture<br \/>\nhas allowed for the deprivation of life and liberty without due<br \/>\nprocess, and also for the effective phenomenon of double jeopardy, as<br \/>\npeople are punished both in the civil and criminal systems.<\/p>\n<p>The Psychotropic Substances Act of 1978 expanded the use of<br \/>\nforfeiture to include any property connected to the drug crime in any<br \/>\nmanner. An early 1990s study estimated that 80% of people who lost<br \/>\ntheir property to civil asset forfeiture were never charged with a<br \/>\ncrime.<\/p>\n<p>We often hear of money being confiscated for drug residue, which can<br \/>\nbe found on over 90% of the cash in circulation. We hear of people<br \/>\nlosing their homes, cars, boats and businesses because of the presence<br \/>\nof marijuana seeds. The drive to get loot, some of which police get to<br \/>\npersonally keep, has even led to some deaths, as was the case with<br \/>\nDonald Scott, a California rancher gunned down because bureaucrats<br \/>\nwanted to seize his land on which they claimed they found some seeds.<br \/>\nMichael Bradbury, the Ventura County DA, said that the police raid was<br \/>\n\u201cmotivated at least in part, by a desire to seize and forfeit the<br \/>\nranch for the government\u2026 [The] search warrant became Donald<br \/>\nScott\u2019s death warrant.\u201d<\/p>\n<p>I shouldn\u2019t even have to discuss how the Fourth Amendment has been compromised.<\/p>\n<p>\u201cThe right of the people to be secure in their persons,<br \/>\nhouses, papers, and effects, against unreasonable searches and<br \/>\nseizures, shall not be violated, and no Warrants shall issue, but upon<br \/>\nprobable cause, supported by Oath or affirmation, and particularly<br \/>\ndescribing the place to be searched, and the persons or things to be<br \/>\nseized.\u201d<\/p>\n<p>Where to begin? Warrants have become a mere bureaucratic<br \/>\ntechnicality, rubberstamped or often neglected altogether in the<br \/>\npursuit of drug offenders. No-knock raids have become a commonplace in<br \/>\nmodern American life. 92-year-old women are murdered and have drugs<br \/>\nplanted on them. Men who shoot no-knock invaders are sentenced to<br \/>\ndeath, and if they\u2019re lucky, have their sentences reduced to life<br \/>\n\u2014 this happened to Cory Maye in Mississippi. Children are shot in<br \/>\nthe back. Family pets are killed by laughing officers as they break<br \/>\ninto homes searching for drugs.<\/p>\n<p>With a real crime, it is often possible to have an \u201cOath or<br \/>\naffirmation\u201d backing the warrant, which can actually<br \/>\n\u201cdescribe the persons or things to be seized.\u201d In a murder<br \/>\ncase, a warrant can describe a bloody knife. Drug war warrants are<br \/>\ntypically too vague to pass constitutional muster. Mere suspicion that<br \/>\nsome law is being broken is often enough.<\/p>\n<p>The courts have ruled that if the government tries to arrest you<br \/>\nwhen you\u2019re in public, and you escape into your home, they can<br \/>\nnow search the home without a warrant. As for automobiles, drug war<br \/>\nroadblocks have erased the Fourth Amendment concerning cars, which are<br \/>\nnow treated as the property of the state.<\/p>\n<p>The Supreme Court recently ruled that police may prevent people from<br \/>\nentering their own homes while the police apply for a warrant. These<br \/>\nabuses are often glorified on television as the necessary implements to<br \/>\ncatch vicious criminals, but they originated with, and are principally<br \/>\nused for, the war on drugs.<\/p>\n<p>Americans tend to look at the Third Amendment as an anachronism.<br \/>\n\u201cNo Soldier shall, in time of peace be quartered in any house,<br \/>\nwithout the consent of the Owner, nor in time of war, but in a manner<br \/>\nto be prescribed by law.\u201d Surely this hasn\u2019t been touched<br \/>\nby prohibition, has it?<\/p>\n<p>Even by a very narrow reading, I believe it has. In one instance, in<br \/>\n1997, 40 members of the Army National Guard moved into the Las Palmas<br \/>\nHousing Project in Puerto Rico to search for drugs. Years later, there<br \/>\nwere hundreds there.<\/p>\n<p>More broadly, the entire spirit of the Third Amendment has been<br \/>\ntrounced. The point of the amendment was to prevent the abuses seen<br \/>\nwith the British Quartering Act, to protect Americans from having to<br \/>\nquarter soldiers \u2014 to support them, even financially \u2014<br \/>\nexcept at wartime when and through legal means. But all around us, we<br \/>\nhave seen the police militarized in the name of the drug war.<\/p>\n<p>Some conservatives objected when Bush modified the insurrection act<br \/>\nand amassed more presidential power to call up the National Guard on<br \/>\nhis own say-so. But this trend began before 9\/11. In a hearing on the<br \/>\ndrug war in 1994, then Congressman Chuck Schumer said, \u201cThe<br \/>\nNational Guard is a powerful, ready-made fighting force. Redefining its<br \/>\nrole in the post Cold War era presents exciting possibilities in the<br \/>\nwar against crime.\u201d<\/p>\n<p>Also troubling have been the attempts to weaken Posse Comitatus,<br \/>\nwhich since Reconstruction has forbade the use of the military in<br \/>\ncivilian law enforcement. But before the war on terrorism, there was<br \/>\nthe drug-war loophole. In the 1980s, Posse Comitatus was amended to<br \/>\nallow for military-police cooperation in drug interdiction. Whereas the<br \/>\nmilitary was understood to be inappropriate for the enforcement of<br \/>\nfederal civil rights during Reconstruction, it was supposedly okay for<br \/>\nthe drug war. This precedent culminated in the largest massacre of<br \/>\nAmerican civilians by their own government since Wounded Knee.<\/p>\n<p>Why was the military involved in Waco sixteen years ago? Because the<br \/>\ngovernment decided to treat their upcoming publicity-stunt raid as a<br \/>\ndrug measure. They claimed the Branch Davidians had a meth lab.<br \/>\nThat\u2019s how they got the warrant and military involved.<br \/>\nThat\u2019s how they got the military weapons. It was only later that<br \/>\nthe excuse shifted to child abuse or illegal gun ownership.<\/p>\n<p>Which brings us to the Second Amendment. One of the terrible<br \/>\ntragedies of our time is that more people do not understand the<br \/>\nconnection between the drug war and gun rights.<\/p>\n<p>As soon as violating people\u2019s rights to find drugs became<br \/>\nexcusable, the crusade against private gun ownership got a big boost.<br \/>\nBoth concern the ownership of inanimate objects. As wars on possession<br \/>\ncrimes, both government crusades rely on the same kinds of dirty<br \/>\ntactics, the punishment of minor offenders with disproportionately long<br \/>\nsentences as a deterrent, the erosion of due process, privacy and the<br \/>\nrights of the accused.<\/p>\n<p>The relationship between the drug war and violent crime has been<br \/>\ndocumented. The spike in violent crime following prohibition has<br \/>\ntraditionally led to more severe enforcement of gun laws. Both gun<br \/>\ncontrol and the drug war lead to violent black markets, and thus more<br \/>\nstate power in a spiraling vicious cycle of mutual reinforcement.<\/p>\n<p>It was, after all, the bootlegging gangs that emerged out of alcohol<br \/>\nprohibition that served as the inspiration for the first major federal<br \/>\ngun law: The National Firearms Act of 1934. A year after the Marijuana<br \/>\nTax Act of 1937, the Federal Firearms Act of 1938 passed on a similarly<br \/>\nused an abusive interpretation of the Commerce Clause.<\/p>\n<p>Moreover, just as with terrorism, the two issues became linked in<br \/>\nlaw enforcement. Federal law mandates additional penalties if drug<br \/>\ndealers are caught in mere possession of a firearm. Nobody wants to<br \/>\nstick up for the rights of drug dealers to keep and bear arms. But so<br \/>\nlong as they are violating no one\u2019s rights, they should be left<br \/>\nin peace. There are many legitimate reasons, from a moral perspective,<br \/>\nthat a dealer would want to defend himself.<\/p>\n<p>Many non-violent drug convicts are automatically denied the right to<br \/>\nbear arms. This is a serious and grave attack on the human rights of<br \/>\ndrug convicts who have already paid a debt to society that they<br \/>\ndidn\u2019t even owe.<\/p>\n<p>The lesson is clear: If you want your right to self-defense protected, you must oppose drug prohibition.<\/p>\n<p>Last but not least is the First Amendment, which states<br \/>\n\u201cCongress shall make no law respecting an establishment of<br \/>\nreligion, or prohibiting the free exercise thereof; or abridging the<br \/>\nfreedom of speech, or of the press; or the right of the people<br \/>\npeaceably to assemble, and to petition the Government for a redress of<br \/>\ngrievances.\u201d<\/p>\n<p>For years, politicians have wanted to censor us, using the drug war<br \/>\nas an excuse. Probably the most notable example was Senators Feinstein<br \/>\nand Hatch\u2019s proposed Methamphetamine Anti-Proliferation Act,<br \/>\nwhich in its original language would have outlawed speech that<br \/>\nadvocated drug use or production and cracked down on websites that<br \/>\nmerely linked to sites that sold drug paraphernalia. Then there is the<br \/>\nmore general chilling effect of students being harassed in public<br \/>\nschools for outwardly advocating drug use or legalization.<\/p>\n<p>Here in New Hampshire, Ian Freeman has been threatened with criminal penalties for the act of advocating drug possession.<\/p>\n<p>As for religious liberty, American Indians have long used<br \/>\nhallucinogens as religious rites, and have risked penalties under<br \/>\nfederal law for the peaceful exercise of religion. This brings us to a<br \/>\nfundamental incompatibility between the First Amendment and the drug<br \/>\nwar.<\/p>\n<p>Under the American Indian Religious Freedom Restoration Act of 1994,<br \/>\nAmerican Indians can use peyote because it is part of their religion.<br \/>\nBut if something is peaceful, anyone should be allowed to do it,<br \/>\nwhether it is recognized by the government as religious or not. For<br \/>\npeyote users to be jailed because they do not believe in its spiritual<br \/>\ndimension is a de facto official government endorsement and granted<br \/>\nprivilege for some religious groups. If it can conceivably be allowed<br \/>\nfor the religious, it must constitutionally be allowed to everyone. Yet<br \/>\nfor peyote users to be jailed despite their religion is a violation of<br \/>\ntheir religious liberty. The only way to reconcile religious liberty<br \/>\nwith federal drug law is to abolish it altogether.<\/p>\n<p>Thus we see that Ludwig von Mises was hardly off the mark. The<br \/>\nentire Bill of Rights has been shredded in the drug war. In<br \/>\nConstitutional terms, \u201cIf one abolishes man\u2019s freedom to<br \/>\ndetermine his own consumption,\u201d one does indeed \u201ctake all<br \/>\nfreedoms away.\u201d With even the precious First Amendment battered,<br \/>\nMises was right that the drug warriors \u201cunwittingly support the<br \/>\ncase of censorship, inquisition, religious intolerance, and the<br \/>\npersecution of dissenters.\u201d<\/p>\n<p>The alternative, say the drug warriors, would be worse. They persist<br \/>\nin their claims that we are utopians and unrealistic. But it is their<br \/>\nvision of a drug-free America that is unrealistic. America\u2019s<br \/>\nprisons are constantly monitored and prisoners have very little of what<br \/>\nwe would call civil liberty, yet drugs flow throughout the system.<br \/>\nAmerica itself could become one big drug prison and their vision would<br \/>\nbe no closer to being obtained.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<div id=\"crp_related\"> <\/div>\n<p><b>Book Mark it-><\/b><span><a href=\"http:\/\/del.icio.us\/post?url=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&amp;title=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Save to del.icio.us\"> del.icio.us<\/a> | <a href=\"http:\/\/reddit.com\/submit?url=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&amp;title=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Save to Reddit\"> Reddit<\/a> | <a href=\"http:\/\/slashdot.org\/bookmark.pl?url=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&amp;title=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Slashdot It!\"> Slashdot<\/a> | <a href=\"http:\/\/digg.com\/submit?phase=2&amp;url=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&amp;title=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Digg This Post!\"> Digg<\/a> | <a href=\"http:\/\/www.facebook.com\/share.php?u=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html\"\"  title=\"Share on Facebook!\"> Facebook<\/a> | <a href=\"http:\/\/technorati.com\/faves?add=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html\"  title=\"Add to my Technorati Favorites!\"> Technorati<\/a> | <a href=\"http:\/\/www.google.com\/bookmarks\/mark?op=edit&amp;output=popup&amp;bkmk=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&amp;title=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Add to my Google Bookmarks!\"> Google<\/a> | <a href=\"http:\/\/www.stumbleupon.com\/submit?url=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&amp;title=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Stumble it!\"> StumbleUpon<\/a> | <a href=\"https:\/\/favorites.live.com\/quickadd.aspx?marklet=1&#038;mkt=en-us&#038;url=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&#038;title=The+Drug+War+vs.+the+Bill+of+Rights&#038;top=1\"  title=\"Add to Windows Live!\"> Window Live<\/a> | <a href=\"http:\/\/tailrank.com\/share\/?link_href=http:\/\/nw0.eu\/2010\/01\/15\/http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&#038;title=The+Drug+War+vs.+the+Bill+of+Rights%22  title=\"Add to Tailrank!\"> Tailrank<\/a> | <a href=\"http:\/\/furl.net\/storeIt.jsp?u=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&#038;t=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Add to Furl\"> Furl<\/a> | <a href=\"http:\/\/www.netscape.com\/submit\/?U=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&#038;T=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Add to Netscape\"> Netscape<\/a> | <a href=\"http:\/\/myweb2.search.yahoo.com\/myresults\/bookmarklet?u=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&#038;t=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Add to Yahoo!\"> Yahoo<\/a> | <a href=\"http:\/\/blinklist.com\/index.php?Action=Blink\/addblink.php&#038;Url=http%3A%2F%2Fnw0.eu%2F2010%2F01%2F15%2Fthe-drug-war-vs-the-bill-of-rights.html&#038;Title=The+Drug+War+vs.+the+Bill+of+Rights\"  title=\"Add to BlinkList!\"> BlinkList<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Anthony Gregory Campaign For Liberty Thursday, January 14th, 2010 This is from Ludwig von Mises\u2019s economic masterpiece, Human Action, written sixty years ago in 1949: The problems involved in direct government interference with consumption. . . concern the fundamental issues of human life and social organization. If it is true that government derives its authority [&hellip;]<\/p>\n","protected":false},"author":2604,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-184494","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/184494","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/2604"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=184494"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/184494\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=184494"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=184494"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=184494"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}