The Drug War vs. the Bill of Rights

In America, our liberties our ostensibly protected by the U.S. Constitution and particularly the Bill of Rights. How much has the drug war compromised our Constitutional rights? Let us consider a countdown, starting with the Tenth Amendment and moving to First. The Tenth Amendment says "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This effectively means that if the Constitution does not grant the power to the federal government over something, then it is for the states and people to decide. Some people here would say this is the most important amendment. If the federal government obeyed it, the entire drug war as we know it would be impossible. In 1909, Hamilton Wright, U.S. official to the Shanghai Opium Commission, complained that the Constitution was "constantly getting in the way" of his drug war ambitions. Indeed, in domestic politics, there is no Constitutional authorization for a federal drug war whatever. Without a grant of power, the U.S. government is supposed to butt out. In 1914, Woodrow Wilson signed the Harrison Narcotic Act into law. There was no constitutional basis for this, but at least by the time alcohol prohibition came around, it was recognized that the federal government would need constitutional authority to ban liquor. They passed the 18th Amendment and repealed the disaster of alcohol prohibition with the 21st amendment. By 1937, however, there was no more such deference to Constitutional procedure...read more