After Prohibition: An Adult Approach to Drug Policies in the by Timothy Lynch

By Timothy Lynch

Greater than 10 years in the past, federal officers boldly claimed that they'd create a drug-fee the USA via 1995.

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We’re born with those rights; we don’t get them from government. And the rights with which we’re born can be reduced to a single idea—freedom. In a free society, each of us is free to pursue happiness as he thinks best, by his own lights, provided only that he respect the equal rights of others to do the same. Thus, the Declaration makes no claim about what may make anyone happy. It implies only that, whatever it may be, we must respect the rights of others to pursue it, as they see fit, while we pursue our own.

By implication, not all powers were “herein granted,” as the rest of the document makes clear, especially Article I, section 8. ” In sum, the Constitution is a document of delegated, enumerated, and thus limited powers. That the doctrine of enumerated powers was meant to be our principal protection against overweening government is no better illustrated than by our having gone for two years without a bill of rights—even if the Bill of Rights has come today to be our main defense. ”3 Thus, the Ninth and Tenth Amendments sum up, fittingly, the philosophy of the Declaration.

32 The Illegitimate War on Drugs doctrine of enumerated powers has limited federal power marginally; but it has also revived state autonomy and integrity, thus breathing new life into the federalist principles articulated in the Tenth Amendment. For as that amendment says, if a power has not been delegated to the federal government or prohibited to the states, it is reserved to the states or to the people. Since the federal government’s powers are not plenary, that means that the states or the people retain all powers not enumerated in or prohibited by the Constitution.

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