Is Drug Control Unconstitutional?
Debate Rounds (4)
1. Opening statement
4. Closing statement
I feel drug control is Constitutional. Living in Colorado, I have seen many children become addicted to Marijuana when underage. Drug control is fully legal, with many states suing Colorado for letting people under the influence of Marijuana cross to their states. Drug control is fully needed.
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.
Specifically, to my opponents position. If the US constitution does not specifially grant to the US Federal government the right to control substances such as marijuana, then that regulation is reserved to the state and not the Federal government. There are rights set aside for a reason, to protect from government infringement.
Drugs such as Maraijuana as pointed out by my opponent are dangerous, and arguably addictive. However, my opponent is making the assertion that the government's purpose is to protect the individual against his own poor choices. The constitution is there to prevent encroachments. My opponent makes a valid case argument but does so at the cost of everything else he believes in. Once you open up the government to regulate or disallow a substance the population then gives up those rights. What is next? Perhaps a prohibition of alcohol and cigarettes. Why stop there. We should be protected against all the things we can do to ourselves that cause injury both physical or mental such as seeing certain movies, reading certain books, or listening to certain music. Perhaps certain art should be banned, nude statues or civil war statues or nazz art that represent a dangerous idealogoy. Surely the government knows what is best for everyone and such risks need to be squashed.
That was sarcasm.
The purpose of the Constitution is protect from a government over reach. I look forward to hearing my opponents position on why he feels it is constitutional and a good idea to give up his civil liberties for the greater good of others.
This would technically make drug control legal. Read it.
What your talking about is Communism. The Constitution is a social contract. Read up on it,(I would recommend John Locke) but it is basically a contract you are born into or agree to when immigrating in. You give up some rights to gain others. It does limit the 3 branches, but also what us as citizens can do. I specifically want to point out Article 1, Section 8. It gives Congress the right over commerce. Technically, Congress is not overstepping it's powers.
NOTE: There is a reason they created three branches you know. So none rise above the other. And they aren't joining together into one happy family any time soon.
Bringing up a SCOTUS decision proves nothing. In the history of this country, there are too many times to count where a Supreme court decision is later reversed by a subsequent Supreme court. If my opponent feels like brushing up on this little fact she can look here https://en.wikipedia.org...
If her own contention is that it is constitutional because the SCOTUS says it is, then she is ignorant of history and fails to understand that such decisions can be reversed. No SCOTUS decision makes for permanent settled law. Her contention that because the SCOTUS says so therefore it is " is invalid.
I can go through the entire Bill of rights and show where the war on drugs, or the illegal possession, are unconstitutional or produce unconstitutional results. However, I suspect my opponent is not really open to this discussion. If she wishes to have a real debate on the issue perhaps she would like to discuss the US Constitution and how these laws do not violate the amendments.
I have discussed the 10th already with not counter.
I will discuss the 5th in an abbreviated format should she wish to actually engage in this debate I will furnish the remaining 8 amendments from the constitution and show the violations. I would hope if my opponent were serious about this debate she support her contentions using the US Constitution bill of rights as her point of reference.
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids "double jeopardy," and protects againstself-incrimination. It also requires that "due process of law" be part of any proceeding that denies a citizen "life, liberty or property" and requires the government to compensate citizens when it takes private property for public use. https://www.law.cornell.edu...
The 5th amendment prevents the government from taking away private property without due process of law. An individual who owns a "pot" plant, is not doing anything wrong. He is not smoking it. He is not selling it. He only likes the flowers. Marijuana plants have beautiful flowers, but it is illegal to own due to the war on drugs. The act of own a plant is clearly a victimless crime. The government then removes this plant from the home and arrests the individual under the guise of "possession". With no victim who does the defendant face in court? A person accused of robbing, faces his accuser, a person accused of rape faces her accuser, a person accused of murder faces the family as the accuser. Who does the person with a plant in their home face?
For the owning of this plant, the person faces 1-3 years in prison for a victimless crime, and if your plant collection would produce 5 pounds of pot, regardless of your intentions " that is a 10 year jail sentence. This is clearly a violation of the constitution of no unreasonable punishment. And is then forced upon release to subject himself to random drug screening tests " which is again unconstitutional under the premise that no one should be forced to incriminate himself.
As said in section one, "The judicial Power of the United States, shall be vested in one supreme Court," The judges make the choice whether something is constitutional or not, and that will stay the law of the land until it is overturned or this nation is destroyed. The Supreme court has made some bad decisions, a good example being Olmstead v. United States, the court case about privacy, but that stayed supreme law of the land until it was overturned by Katz v. United States, which was then overturned by the PATRIOT act, which was not ruled on by the Supreme court.
Next, you mention article 5. I feel we should look at the drug control section of the US code. I will leave you the link.
The us code is all the small laws the government make. These aren't reversed like court cases. The are the rules of America. It mentions "Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct" it specifically mentions you can't posses Marijuana! I am very interested in my opponent's reply.
Her entire debate on the constitutionality of drug control hinges on you to click her link and visit wikipedia and read the case decision. She made no effort to debate this issue. She did not make a single reference from the SCOTUS decision. My opponent failed to to refence the constitution in any siginficant way. Nor did my opponent rebut a single point of my discussion. Like the war on drugs imposes punishments that are do not fit the crime. These punishments are in stark contrast to the US Constitution that prevents cruel and unusual punishments, like life for 3 time convictions of drug possession.
My opponent fails to see the weakness in her case. The entire scope of the SCOTUS decision was about CANNAIBUS. Canabus is a PLANT. THC is a class 1 narcotic. cannaibus exists in a non THC hybrid. Yet this plant is still illegal for no supported reason. The law allows for property to be taken away and rights removed when no law of drug possession was broken. http://healthland.time.com...
Heroine and crystal meth are a class 2 narcotics. Class 2 narcotics are less offending and less restrictive. My opponent has supplied no information in round 2 or 3 supporting the existing SCOTUS decision could apply to anything other than what it was decided on - canabus. Yet this debate is about drug control. My opponent has brought into this discussion a SCOTUS decision about a plant, NOT ABOUT DRUGS. She is implying it is about drugs, yet there is NO mention of THC in her linked discussion.
Any attempts to apply this case to "DRUGS" must be revisited by the SCOTUS as this is clearly an agriculture case.
Canibus is a plant. This lack of original though and discussion around what is posed as a constitutional debate by my opponent falls prey to creativity, and that quick win on a "gotchya" framed question/answer slowly becomes a loss.
Winning a debate is not about the right answer, it about the better argument. My opponent has yet to make an original argument.
TheLawIsOnMySide forfeited this round.
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