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Is the U.S. Drug War unConstitutional?

glad that you noticed that. ex-libertarian here.

as for this specific issue, we can really only speculate. does "regulate" mean "ban?" probably not. does that matter? not really. look at the Fourth Amendment. it specifically prohibits pretty much the entire domestic side of the WoT, but the "patriot" act is still going strong ~fifteen years later, and the NSA records most electronic activity without a warrant. so basically, the part of the drug war that bars private production for personal use is unconstitutional, but no court is going to decide a case that way.

Sad to say that the judiciary is pretty much as corrupted as the branch that passes poor law and the branch that enforces poor law.
 
Sad to say that the judiciary is pretty much as corrupted as the branch that passes poor law and the branch that enforces poor law.

at times, but that branch (at least the SCOTUS) is slightly less susceptible, since appointments are for life and they don't have to run for office / raise money. still, one can see the stain of the two party system on the judiciary, as well. that's the root problem, and i don't know if it's fixable without a fundamental change to the system.
 
at times, but that branch (at least the SCOTUS) is slightly less susceptible, since appointments are for life and they don't have to run for office / raise money. still, one can see the stain of the two party system on the judiciary, as well. that's the root problem, and i don't know if it's fixable without a fundamental change to the system.

That is a noble and optimistic theory, just as when Madison advanced it. Alas, as with so many things in life, reality has proved that theory not quite valid. Kelo, Citizens United and many others are examples.

I do not pretend to have a solution, but the reality is that SCOTUS is not as principled as we would like to think.
 
The part about treason is just defining it. If the war on drugs did not call anyone a traitor then it did not violate that part of the constitution. However, its respect in regards to the eighth and tenth amendments are a bit questionable.
 
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