The U.S. Supreme Court is being urged to overturn drug
laws. The argument that the "War on Drugs" is unconstitutional is in
a new Petition for Writ of Certiorari. The Petition also argues various
reasons why vice laws in general are unconstitutional. The arguments
and the entire brief can be viewed at http://rexcurry.net/drugswrit.html
The arguments have new vitality thanks to the U.S. Supreme
Court decision in Lawrence v. Texas, that overturned sodomy laws and recognized
the right of adults to engage in certain consensual non-violent forms of
recreation.
As an attorney and a libertarian I am urging the nation’s
highest court to end modern prohibition. Old prohibition required
a constitutional amendment. Modern prohibition, though even more disastrous
than old prohibition, has been perpetrated by legislation, without any constitutional
amendment authorizing it.
During my legal career, I have often been asked if laws
criminalizing drugs are constitutional, especially the federal war on drugs.
The askers fear compulsory jury duty to convict defendants accused
of vices (gambling, prostitution, drugs) or other non-violent charges (tax
non-payment, gun possession).
The fear has risen because many non-violent consensual
acts now carry mandatory sentences of 10 years and even life in prison.
Jurors are not told that their verdict will result in a non-violent defendant
with no prior record going to prison for a decade or more. The
jurors won’t know what they have done and if they find out, then they might
be queasy.
Most courts hold that jurors do not have the right to
acquit in defiance of the law, though courts recognize that jurors have
the power to do so, and that nothing can be done about jury nullification
when it happens.
In history, jury veto has been used for acquittals against
old prohibition laws. Now jury nullification is used against modern
prohibition, vice laws and other peaceful behavior.
for more ideas on liberty and libertarianism see
http://members.ij.net/rex
http://rexcurry.net
Edward Bellamy and Francis Bellamy promoted their
dogma that they called "Military Socialism." They admired the
"efficiency" of the military method and wanted it imposed upon
all of society for all food, clothing, shelter, goods, services,
everything. They advocated the government takeover of all schools
in order to force everyone to be the same and to create their "Industrial
Army." That is why the federal flag flies over government schools
(socialist schools). They inspired trite propaganda in which every
"problem" spirals into a war: the War on Drugs, the War on Poverty,
the War on Crime, the War on Illiteracy, the War on Terrorism, et cetera.
They inspired the non-trite and very real use of government force
and violence for any and all purposes. Today, the USA's military-socialist
complex and its aggressive military socialism is the Bellamy dogma. http://rexcurry.net/pledge_military.html
The socialist dogma behind the Pledge of Allegiance is the same dogma that
was touted in the late 19th century by National Socialists in the USA. Francis
Bellamy (author of the "Pledge of Allegiance") and his cousin and cohort
Edward Bellamy (author of the pathetic book "Looking Backward") wanted the
government to take over all food, clothing, shelter, goods and services
and create an "industrial army" to impose their "military socialism." See
the video documentary at http://www.youtube.com/watch?v=BssWWZ3XEe4
That was the motiviation behind Francis Bellamy's "Pledge of Allegiance"
to the flag, the origin of the stiff-armed salute adopted later by the National
Socialist German Workers Party (see the work of the historian Dr. Rex Curry,
author of "Pledge of Allegiance Secrets"). http://rexcurry.net/pledge-allegiance-pledge-allegiance2.jpg
It is the same dogma that led to the socialist Wholecaust (of which
the Holocaust was a part): ~60 million killed under the former Union of
Soviet Socialist Republics; ~50 million under the Peoples' Republic of
China; ~20 million under the National Socialist German Workers' Party.
http://rexcurry.net/socialists.html
