The American Constitution and Drug War Essay example

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The consensus with regards to drug laws favors more stringent and draconian laws, with the attempt to stifle use and punish crime. There are many claims used against drug legalization, such as, moral degradation, crime, the destruction of inner cities; along with families, diseases, such as AIDS, and the corrupting of law enforcement. When one examines the effects of prohibition, one has to inquire: has the cost been worth it? Certainly, an argument for the abolition of prohibition doesn’t include the favoring of drug use, but merely recognizes the vain and utopian attempt to control individual choices. Along these lines, the unintended consequences of these attempts may preclude any benefits. Further, one has to wonder: are these laws—at…show more content…
These four clauses have been very controversial to say the least. Scholars and polemicist’s have debated the meaning and understanding of these clauses since the outset of the Constitution. However, examining these clauses, only one meaning would seem ratifiable: what the people and states ratifying the Constitution would have understood the meaning of these clauses to be. Moreover, a clear understanding of these clauses will dictate faithful obeisance to its meaning, and not transgression; for if the life of the drug war hangs on a breach of the constitution, justice demands remediation. Understanding the Supremacy clause and its consequences would settle many disputes; however, we are only concerned with one issue: drug laws. Most people would claim that federal law trumps state law by citing the supremacy clause; yet this would be deceptive. The Supremacy clause says the Constitution and laws in pursuance thereof shall be the supreme law of the land (Mount, 2010). This is to say, the Constitution and constitutional laws shall be the supreme law of the land. It doesn’t say unconstitutional laws are the supreme law of the land; for an unconstitutional law, by its definition, is no law at all. Since no power was given to the federal government—without an amendment—to ban,

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