> Why I Believe Drug Laws are Unconstitutional... The United States Constitution & it's Bill of Rights CLEARLY gives us the right to pursue our lives without the forced intervention of moralists, do-gooders or busybodies! Of Course, this is Only a personal opinion, based on my understanding of the Constitution, the Bill of Rights, the Declaration of Independence, the Federalist Papers, John Lockes Two Treatises of Government," and many of the other documents on which our system of government is based.
> Let's Look at the Bill of Rights, in Reverse Order starting with #10...
> the 10th. Amendment Reads "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 affirms that if the Constitution did-not Specifically take a power ( that is, a right or freedom ) away from the People, the People kept it.
> This settled once and for all, the fundamental question, "Does the government inherently have all the power and then dole out specific rights to the people, or do the people inherently have all the power and - in exchange for certain benefits - surrender specific powers to the government?
> Concerning the government of the United States, the answer is clear; the people inherently have the power and turn specific powers over to the government.
> These power were detailed in the Constitution ( the Enumeration of Powers ), and all other powers belonged to the people!!!
> the 9th. Amendment says... "The emmeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people."
> Just because the Constitution says you have certain rights does not mean that you don't have other rights, which the Constitution didn't bother to enumerate!
> This amendment was designed to counter the argument, "If we have certain rights, then it might be supposed that those are the Only rights people have." - As seen in the 10th. amendment, the people clearly hold all the rights, and just because Some of those basic rights are listed in the Constitution does not in any way mean to limit the rights not mentioned!
> the 8th. Amendment says... "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments imposed."
> To me it seems both cruel and unusual to punish people for doing something that potentially could only harm themselves! This is especially true when the punishment is often worse than the damage they might do themselves. Such punishment, however, has become So usual we've become numb to it's cruelty!
> One arrest - even without conviction - can significantly and permanently reduce the quality of your life!
> If it's true - as the moralists claim - that drug use is so Harmful to the individual that it should be illegal, isn't the use of drugs punishment enough? Adding arrest, trial and conviction seems cruel and unusual.
> the 7th. Amendment guarantees a jury in civil matters. We can't make every matter a criminal matter, the Constitution is saying; we can't lock-up every citizen who displeases another citizen. the government can, however, guarantee a fair system by which disputes between individuals ( civil matters ) can be settled. This system is trial by jury.
> This amendment acknowledges that not every physical harm one person does another is a criminal offense. How much Less a criminal offense it must be then, when people only potentially harm themselves!
> The Constitution made provisions for civil disputes so that the government could use the criminal enforcement branch of the government only for the most Clearly Criminal Acts!
The civil acts - even many that do cause physical harm to others - the Constitution left to the civil courts.
> Not only does the Constitution have No Authority to regulate personal morality; it also has no system by which to do it!
> the 6th. Amendment deals with criminal prosecution which, alas, brings us to "drug crimes."
> This amendment guarantees us "the right to a speedy and public trial, by an impartial jury." One of the requirements for this jury trial is for the accused "to be confronted with the witnesses against him." In a trial for a "crime" without a victim, who are the witnesses against the person accused?
> In a genuine crime ( except murder, of course ) the innocent victim can come forth and testify against the accused! If someone robs you at gun-point, you can go into court and testify against the accused.
> If there is no clear-cut victim, however, who says Anyone should testify against you?
> That the government should be against any "crime" that has no clear-cut victim is certainly not part of the Constitution, the Declaration of Independence, the Bill of Rights, or any of the other documents on which our system of government is based!
> the 5th. Amendment is most famous for the provision that one does not have to testify against oneself in a criminal case!
> Because of this amendment a lot of "drug crimes" have - thanks to the Constitution - not been prosecuted as vigorously as the might. Courts can prove Possession of a drug, but not necessarily drug use!
> Another important guarantee of the 5th. amendment reads "Nor shall private property be taken for public use without just compensation." This affirms the Sanctity of Private Property!
> This seems to be a Clear Statement that the government is Suppose to protect the individual against the majority, even protect the individual against the government itself!
> This protection was steadfastly respected here in the United States since the time of the founding fathers.
> However, in the current madness involving drugs and violation of drug "laws," A person in "Authority" can seize your property, invoking the mechanisms of civil forfeiture, and you can't do a thing about it! This can take place without any jury findings whatsoever, in fact, without a trial of any kind being held!
> Taking something from someone without just compensation, especially thru use of violence is THEFT, at least this is what I was brought up to believe!!!
> the 4th. Amendment begins, "The Right of the people to be secure in their persons, houses, papers & effects, against Unreasonable searches and seizures, shall not be violated...
> Again, we have a Clear directive that the government should stay out of our private property, unless it has a very specific search warrant ( described in the rest of the amendment ).
> The Idea that the government should punish people for doing something that could potentially hurt themselves is Fundamentally Unreasonable! Hence, any searches and seizures of "persons, houses, papers and effects" for the purpose of discovering that people might be harming themselves ( and, therefore, should be imprisoned ) are Unreasonable! ( drug "crimes" have been used to make such "unreasonable" searches seem more reasonable to some.)
> the 3rd. Amendment reads... "No solider shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner prescribed by law."
> Once again, the Constitution affirms the absolute sanctity of private property. Even a solider - who may someday risk his or her very life to defend your life and property - cannot spend the night in your house without your permission!
> Second, the amendment shows that, in time of war things change, and certain sacrifices must be made, but even then a solider cannot stay in a private home, unless a law is passed allowing him to do so, in other words the legislature must become involved! ( That the American people rise to the occasion of war is well known and used by those who would manipulate us. Thus, the War on Drugs... )
> This is one of the many safe-guards in the Constitution against a Police State, against a military body that decides it's needs are more important than those of a citizen and takes what it wants by force!
> the 2nd. Amendment affirms "the Right of the people to keep and bear arms."
> This is the amendment - interpreted literally - that the National Rifle association uses to keep all kinds of firearms - including 200,000,000 handguns legal. the NRA Insists that it is our Constitutional Right to "Keep and Bear Arms."
> the intent behind this amendment, however, comes clear when read in it's entirety...
" A well regulated Milita, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed."
> This amendment dealt with keeping a milita armed. A milita was made up of people who -
when the need arose - grabbed their muskets and protected the home front.
Today the National Guard fulfills that need, civilians who can be called up at moments notice. Even when mobilized, however, National Guard troops are not asked to bring their own guns; these are supplied to them. I doubt if many non-National Guard gun-owning citizens really expect to be called into service of their country - mid-nite specials
in hand!
> I went on like this, not to attack the NRA's stand on handgun ownership, but merely to point out that just because a portion of the Constitution may be antiquated does not make it obsolete.
> So, if anyone argues against the contention that crime's without clear-cut victim's are Unconstitutional by saying, "What the Constitution Says & what it Means are two different things - Things are different now," Just Remember the NRA & the Right to bear Arms!!!
( the NRA is to be congratulated on this, by the way, "Guns don't kill people. People kill people." AMEN. Owning something should not be illegal, but rather using something to physically harm the person or property of another. )
> There. Now that I've got Everybody mad, lets move onto the First Amendment!!!
> the 1st. Amendment. Ahhh, the Best for last... the FIRST Amendment, forty-five words that spell "FREEDOM." Here it is in it's Full Glory...
> "Congress Shall Make NO LAW Respecting an Establishment of Religion, or Prohibiting the Free Exercise thereof; or Abridging the Freedom of Speech, or the Press; or the Right of the People Peacefully to Assemble, and to Petition the Government for Redress of Grievances!
> Allow me to Emphasize one portion of the First Amendment; Congress Shall Make NO LAW! -
> Allow me to Emphasize that again; NO LAW!!!
> By what authority does Congress Dare make laws based on limiting Assembly, Speech, and, Especially, Religion???
> The Freedom of Religion is Guaranteed to us Twice; the Freedom from Religion and the Freedom of Religion! Most laws against drug use are based on Religious ( ie. Moral ) Beliefs!
> The second clause prohibits Congress from making any law "prohibiting the free exercise" of Religion!
> IF The CONSTITUTION GUARANTEED NO OTHER FREEDOM THAN THIS, It WOULD BE ENOUGH To IMMEDIATELY ABOLISH ALL SO-CALLED DRUG-LAWS, Not To Mention Any Other "Crime" Without A Real Victim!!!
> Who is to say the Practice of my Religion should not include the consumption of any currently "illegal" substance???
> Think About It!!!
"It is only when we step away from the actual & begin to explore the Possible that life's infinities begin to reveal themselves to us."
- James Kent.