Earlier quoted context omitted.
Yes. However judges cannot preemptively strike down laws, even if they are blatantly unconstitutional. Someone with "standing" must bring a case, which typically(?) means that the law has been applied to them. So unconstitutional laws often stay on the books without being enforced, until either someone overreaches and tries to enforce them, or the legislature formally repeals them. I believe anti-miscegenation statue…
That is a lot like the American system after you factor in wealth inequality, the cost of legal representation, and non-enforcement against the wealthy.
Legalize It All
131–140 of 293 posts
Re: Legalize It All
#132We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course…
The War on Drugs is so fucking stupid and so many people are paying the price. I don't know if anything makes me as angry as this.
Re: Legalize It All
#133We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course…
The only problem with that version of history is that both drugs were illegal from the 1930s or earlier, and the controlled substances act of 1970 was introduced and passed by Democrat controlled house and senate.
I don't think you can attribute the entirety of drug policy to identity politics (especially with opiates, where people were indeed getting hooked on various "quackery medicine" type formulas peddled back in the late 1800s - early 1900s). I think you can attribute some of the draconian, moralizing, punitive approaches of our current drug policy to identity politics, though.
Re: Legalize It All
#134We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course…
As it is there is a huge financial incentive for the criminals to get people hooked on drugs. Hard drugs should be freely provided by the government to take that incentive away. This also gives it the opportunity to help addicts who want to kick their addiction. It also dismantles the criminal organisations behind it, reducing crime that way, and it means that drug addicts can somewhat participate in normal society i…
Re: Legalize It All
#135Earlier quoted context omitted.
> in the constitution of the Soviet Union there are all kinds of rights and legal protections and such > They just say that someone belongs to an illegal non-harmonious organization like Falun-Gong or whatever and that's illegal. It seems like governments are somewhat uniform in the laws they pass, but fundamentally fickle about which laws they choose to enforce. In my state, for example, it's a felony to be a member…
If the Communist Party were actively trying to overthrow the United States government, you might see it enforced...
Re: Legalize It All
#136Earlier quoted context omitted.
Pencils can be used to harm others. There's a big difference between "can be used to" and "is designed to".
Several "hard" drugs are designed to put users out of their right minds and into a state where they're more likely to hurt others. Same with alcohol, which despite its long cultural history, mainly serves as part of a socialization ritual and could be replaced with something else that's not as harmful. Perhaps we should try prohibition... again? Cars with top speeds above 85mph are designed specifically to do somethi…
- Guns: Designed to be harmful. Can be safe.
I'm not saying that you can't argue that drugs are so dangerous that they should be prohibited or that guns can be safely used and should be allowed. The topic is the same but the starting point is not.
Your examples are of things that are dangerous, not of things that are designed to be harmful.
Re: Legalize It All
#137Take payday loans as an example. The entire industry is extremely exploitative and preys on uneducated poor people who are desperate due to bad circumstances and / or poor financial planning. Well-meaning activists have campaigned to "reform" the business and make it less scummy.
The result? Legitimate payday loan companies go out of business, as it's no longer economical to invest money in loaning to poor people, and the mob fills the void. Instead of getting a loan from Usury Inc, whose backers have pulled out and invested in something else, you're getting a loan from Cousin Vinnie. Now, the poor get exploited even more nastily by organized crime, which has absolutely no compunctions about getting its money back by any means possible, including threatening families, breaking kneecaps, killing people to get the rest of the debtors in line, etc.
The only answer is an optimization - you curb the worst of the abuses, and then accept the fact that the exploitation is a side effect of underlying causes and impossible to remove without making things worse. It's as good as we're going to get.
Same exact thing with the drug trade. Drugs destroy lives. It's a fact - heroin and other opiates are a scourge on poor communities, and it's not just due to the fact that they're illegal. After all, people overdose on prescription medication all the time, too[1]. But a lot of the enforcement that has been done makes things even worse - we still have addicts, and then we get all of the violence that comes from the enormous markup that's inherent in the black market. There is no good solution that makes everything better, but it's very easy to make things worse.
More nastily, it breeds what I like to call "contempt of the law" - if everyone in a community is breaking the law somehow, (smoking weed, buying black-market cigarettes, buying prescription painkillers, etc) then even worse crimes don't get prosecuted because everyone is preoccupied with the fact that the police are going after the people they perceive to be average Joes. As soon as people perceive the police as an occupying force that arbitrarily goes after average citizens for gits and shiggles, the people will stop seeing the police as guardians against the truly evil and dangerous people among them.
I think that the biggest issue that blocks action on this is that people are confusing legalization with approval. You can make something legal and still think it's horrible. It's legal to cheat on your spouse, even though most people consider it immoral, but the cost on society that would come from making adultery illegal (and enforcing it) would be far greater than keeping the government out of it. Similarly, you can make prostitution legal and still consider it horrible. You can make casino gambling illegal and still consider it exploitative of people who suck at math. And you can make drugs legal and still consider it exploitative of human weakness. The only criteria that we should be using is "Would government intervention actually make the situation better? If not, keep the government out of it." And at this point, I'm pretty doubtful that dispatching thousands of officers to go after heroin dealers will keep people from using heroin. I'm pretty confident that doing so will increase the money that's in heroin, increase violence, and breed contempt of the law.
Oh. Also, if we make drugs legal, I'm investing like a motherfucker in Soma, Inc. Drugs sell themselves, and I'm sure that corporations will make a bundle if they can sell them to The Public. My retirement fund will thank the wonderful residents of Appalachia for their generous contributions. Whichever company is the first to make an oxycodone version of Joe Camel is the one I'm investing in.
Re: Legalize It All
#138"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." While I enjoy the recent surge in popularity of such a movement, my primary issue with drug policy is that it is unconstituti…
Re: Legalize It All
#139Earlier quoted context omitted.
Several "hard" drugs are designed to put users out of their right minds and into a state where they're more likely to hurt others. Same with alcohol, which despite its long cultural history, mainly serves as part of a socialization ritual and could be replaced with something else that's not as harmful. Perhaps we should try prohibition... again? Cars with top speeds above 85mph are designed specifically to do somethi…
- Drugs: Not designed to be harmful. Can be dangerous. - Guns: Designed to be harmful. Can be safe. I'm not saying that you can't argue that drugs are so dangerous that they should be prohibited or that guns can be safely used and should be allowed. The topic is the same but the starting point is not. Your examples are of things that are dangerous, not of things that are designed to be harmful.
There are other things that are hurtful and dangerous, and whether something is designed that way by humans or not has no bearing on the utilitarian calculus. Particularly so when there's no categorical imperative against the thing they're designed to do (unless you're against all self defense and hunting).