The Tyranny of Legislating Morality

The mere use of presently illegal drugs causes little to no real criminal behavior. The use of the drug alcohol however, is related to approximately fifty percent of all murders and to over fifty percent of all rapes and robberies. Therefore, the argument that the government is banning drugs other than alcohol in order of protect society is both false and hypocritical. Furthermore, it doesn't even stand up to a loose examination of the US Constitution and the legitimate power of government, as such power was supposed to be used in America.

All federal, state and local laws prohibiting the manufacture, sales, possession and use of any mind-altering and or addictive drugs are absolutely unconstitutional. There just is no such enumerated power. The Intestate Commerce Clause and the necessary and proper clause of the US Constitution does not save the federal government here. While the Constitution gives the federal government the power to "regulate" commerce, it does not give it the power to prohibit the manufacture, sales or use of certain substances or products, just because said substances or products may harm the user.

David Nichols

The author is a little shrill, and the arguments on the constitutionality of the states' ability to regulate drugs are very thin. As well, he really neglects to address the topic of his title. However, he makes a couple of good points, especially on the schizophrenic nature of our drug laws and the slippery slope of government protecting us from ourselves.