In article I, section 8, of the Constitution, there are eighteen specific powers granted to Congress. We call these the enumerated powers. Everything else is reserved to the states – with or without the Tenth Amendment. Nowhere does the Constitution authorize the federal government to concern itself with the nature and quantity of any substance Americans inhale or otherwise take into their body. Nowhere does the Constitution authorize the federal government to prohibit drug manufacture, sale, or use. Nowhere does the Constitution authorize the federal government to ban anything. When the Progressives wanted the United States government to ban alcohol, they realized that an amendment to the Constitution was needed.
Drug prohibition is likewise incompatible with private property, individual liberty, personal responsibility, free markets, and limited government – things that conservatives claim to believe in. What happened to the conservative emphasis on families, churches, private charities, and faith-based organizations solving problems instead of looking to the federal government to solve them?
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