The Constitution of the War on Drugs
This book recovers a lost history of constitutional challenges to punitive drug laws. Throughout the 1960s and 1970s, advocates argued that criminal bans on marijuana, cocaine, psychedelics, and other substances violate the U.S. Constitution’s guarantees of due process, equal protection, federalism,...
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| Materiálatiipa: | Online |
| Giella: | eaŋgalasgiella |
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Oxford University Press
2024
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| Fáttát: | |
| Liŋkkat: | OCN: 1422169881 |
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| _version_ | 1869515968812679168 |
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| author | Pozen, David |
| author_browse | Pozen, David |
| author_facet | Pozen, David |
| author_sort | Pozen, David |
| collection | Directory of Open Access Books |
| description | This book recovers a lost history of constitutional challenges to punitive drug laws. Throughout the 1960s and 1970s, advocates argued that criminal bans on marijuana, cocaine, psychedelics, and other substances violate the U.S. Constitution’s guarantees of due process, equal protection, federalism, free speech, free exercise of religion, and humane punishment. Legal scholars and government commissions grappled with these arguments. State and federal courts endorsed them in pathbreaking rulings. By the 1980s, however, the movement for drug rights had collapsed, paving the way for the contemporary war on drugs and its disastrous consequences for racial justice, individual freedom, and public health. This study shows how constitutional law could have denied the drug war but instead became ever more defined by it—how a profoundly illiberal and paternalistic policy regime was assimilated into, and came to shape, an ostensibly liberal and pluralistic constitutional order. The book details the internal doctrinal dynamics and external cultural developments that first facilitated and then foreclosed challenges to drug prohibition. It explains how courts in other countries have curtailed punitive drug laws using a different approach to rights review. It evaluates the costs and benefits of the U.S. jurisprudence. And it considers potential constitutional paths still open to drug reformers today. In addition to offering a new perspective on the war on drugs, the book supplies a panoramic tour of many of the key features and failings, compromises and contradictions, of late twentieth-century American constitutionalism. |
| format | Online |
| id | doab-20.500.12854ir-136768 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Oxford University Press |
| publisherStr | Oxford University Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1367682025-07-18T09:47:03Z The Constitution of the War on Drugs Pozen, David constitutional law, constitutional rights, judicial review, criminal punishment, legal history, legal liberalism, drug prohibition, harm reduction, Controlled Substances Act, counterculture thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies This book recovers a lost history of constitutional challenges to punitive drug laws. Throughout the 1960s and 1970s, advocates argued that criminal bans on marijuana, cocaine, psychedelics, and other substances violate the U.S. Constitution’s guarantees of due process, equal protection, federalism, free speech, free exercise of religion, and humane punishment. Legal scholars and government commissions grappled with these arguments. State and federal courts endorsed them in pathbreaking rulings. By the 1980s, however, the movement for drug rights had collapsed, paving the way for the contemporary war on drugs and its disastrous consequences for racial justice, individual freedom, and public health. This study shows how constitutional law could have denied the drug war but instead became ever more defined by it—how a profoundly illiberal and paternalistic policy regime was assimilated into, and came to shape, an ostensibly liberal and pluralistic constitutional order. The book details the internal doctrinal dynamics and external cultural developments that first facilitated and then foreclosed challenges to drug prohibition. It explains how courts in other countries have curtailed punitive drug laws using a different approach to rights review. It evaluates the costs and benefits of the U.S. jurisprudence. And it considers potential constitutional paths still open to drug reformers today. In addition to offering a new perspective on the war on drugs, the book supplies a panoramic tour of many of the key features and failings, compromises and contradictions, of late twentieth-century American constitutionalism. 2024-05-08T13:09:28Z 2024-05-08T13:09:28Z 2024-05-06T12:37:25Z 2024 book OCN: 1422169881 https://library.oapen.org/handle/20.500.12657/90110 https://directory.doabooks.org/handle/20.500.12854/136768 eng Inalienable Rights open access image/jpeg image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/90110/1/Pozen_The%20Constitution%20of%20the%20War%20on%20Drugs.pdf https://library.oapen.org/bitstream/20.500.12657/90110/1/Pozen_The%20Constitution%20of%20the%20War%20on%20Drugs.pdf Oxford University Press 10.1093/oso/9780197685457.001.0001 10.1093/oso/9780197685457.001.0001 db4e319f-ca9f-449a-bcf2-37d7c6f885b1 305 New York open access |
| spellingShingle | constitutional law, constitutional rights, judicial review, criminal punishment, legal history, legal liberalism, drug prohibition, harm reduction, Controlled Substances Act, counterculture thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies Pozen, David The Constitution of the War on Drugs |
| title | The Constitution of the War on Drugs |
| title_full | The Constitution of the War on Drugs |
| title_fullStr | The Constitution of the War on Drugs |
| title_full_unstemmed | The Constitution of the War on Drugs |
| title_short | The Constitution of the War on Drugs |
| title_sort | constitution of the war on drugs |
| topic | constitutional law, constitutional rights, judicial review, criminal punishment, legal history, legal liberalism, drug prohibition, harm reduction, Controlled Substances Act, counterculture thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies |
| topic_facet | constitutional law, constitutional rights, judicial review, criminal punishment, legal history, legal liberalism, drug prohibition, harm reduction, Controlled Substances Act, counterculture thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDX Constitution thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPQ Central / national / federal government::JPQB Central / national / federal government policies |
| url | OCN: 1422169881 |
| work_keys_str_mv | AT pozendavid theconstitutionofthewarondrugs AT pozendavid constitutionofthewarondrugs |