By Timothy Lynch
Greater than 10 years in the past, federal officers boldly claimed that they might create a drug-fee the USA by means of 1995.
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Extra resources for After Prohibition: An Adult Approach to Drug Policies in the 21st Century
1740, 1754 (2000). 32 The Illegitimate War on Drugs doctrine of enumerated powers has limited federal power marginally; but it has also revived state autonomy and integrity, thus breathing new life into the federalist principles articulated in the Tenth Amendment. For as that amendment says, if a power has not been delegated to the federal government or prohibited to the states, it is reserved to the states or to the people. Since the federal government’s powers are not plenary, that means that the states or the people retain all powers not enumerated in or prohibited by the Constitution.
620 (1980). 35 New Jersey v. S. 325 (1985). 36 Wayne LaFave & Jerold Israel, Criminal Procedure, 2d ed. (St. , 1992), p. 232. ”39 The search revealed no contraband. 41 If such testing becomes commonplace it is hard to imagine that it will be confined to drug searches. The substances taken for drug tests will also reveal pregnancy and countless genetic secrets. If students get only a diluted version of an already watered-down Fourth Amendment, at least they have standing to complain. But aliens who are searched abroad by our drug agents apparently have no rights at all.
In essence, legitimacy is just that simple. Despite the intent of the Founders to institute legitimate government—to derive government’s “just powers from the consent of the governed” and to limit the scope of that consent by the rights of individuals to life, liberty, and the pursuit of happiness— governments in America today, especially the federal government, exercise vast powers not remotely grounded in or permitted by the Constitution. In no case is that more true, perhaps, than with the massive “war on drugs” the federal government has been waging for more than 20 years now.
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