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 .
    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

Rex Curry
Attorney At Law
P.O. Box 8816
Tampa, FL 33674-8816
813 238-5371
rexy@ij.net