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

By Timothy Lynch

ISBN-10: 1882577930

ISBN-13: 9781882577934

Greater than 10 years in the past, federal officers boldly claimed that they'd create a drug-fee the US by means of 1995.

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In particular, the police power of the states is limited in a principled way. It is not a power to do anything in the name of securing rights. Rather, it is limited by the rights there are to be secured, which is why it is crucial that courts understand the underlying theory of rights when they adjudicate under the Fourteenth Amendment. Thus, in the case at hand we confront the claim of some— including the state, acting on behalf of a majority, presumably26—to having a right to prevent others from producing, transporting, selling, buying, or using drugs; and a conflicting claim by those others to having a right to do those things, to pursue happiness as they think best, provided only that in doing so they not violate the rights of anyone.

5 (September/October 1991), p. 1. 5 Barry R. McCaffrey, The National Drug Control Strategy: 2000 Annual Report (Washington: Office of National Drug Control Policy, 2000), p. 2. 6 Ibid. 26 The Illegitimate War on Drugs deed, the temperance movement, the precursor of the war on drugs, was rooted in just that kind of thinking. It is more than noteworthy, however, that, when the movement reached fruition in the form of national Prohibition, respect for constitutional limits on federal power was still such that it took an amendment to the Constitution to bring federal Prohibition about.

The putative object of a police search does not limit what can be confiscated. If police conduct a lawful search, they can take and use any evidence they see, however unrelated it may be to what got them into the home—or the body—in the first place. ” It has created a dozen or more exceptions to the search warrant requirement. And it has virtually eliminated legal remedies for those few searches that remain illegal. 33 The rule does not apply to grand jury proceedings, to civil cases, or to sentencing procedures.

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After Prohibition: An Adult Approach to Drug Policies in the 21st Century by Timothy Lynch

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